5 – No guarantee of rights
The ITUC Global Rights Index

Cambodia

The ITUC affiliates in Cambodia are the Cambodia Confederation of Trade Unions (CCTU), the Cambodian Confederation of Unions (CCU) and the Cambodian Labour Confederation (CLC).

In practice

Browse by:

Arrest, detention and prosecution of striking Casino workers04-01-2022

Between 31 December 2021 and 4 January 2022, twenty-nine members and activists of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) were arrested. They were placed under pretrial detention pending trial. Those arrested included the union chair, Chhim Sithar.

The NagaWorld casino workers had been on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
since 18 December 2021 in protest against mass layoffs and to demand a proper compensation page. The casino had announced its plans in April 2021 to lay off 1,329 workers, of whom 1,100 were trade union members, claiming financial difficulties due to the COVID-19 pandemic. As the union pointed out, the casino had actually made large profits and was going ahead with plans for a new US$3.5 billion casino complex.

Over 1,000 workers joined the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, which took the form of peaceful sit-ins outside the company premises. The union made every effort to negotiate a solution, but management refused to talk and even failed to attend a mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation
session convened by the Ministry of Labour.

On 31 December, police raided the LRSU’s office, confiscating union documents, computers and mobile phones. Nine people were arrested.

A further 17 arrests were made on 3 January followed by three more on 4 January, including the arrest of the LRSU president, Sithar Chhim, who was forcibly dragged from the picket line and into a police car.

By February, eight of those arrested remained in detention, namely the union chair Chhim Sithar; union secretary Chhim Sokhorn; union advisor Sok Narith; and union activists Ry Sovandy, Sun Sreypich, Hai Sopheap, Klaing Soben, and Touch Sereymeas. They were denied pretrial release and said that they did not have enough water and were not allowed to contact their families. They were charged with incitement, which carries a sentence of up to five years in prison.

More arrests were made on the picket line in February.

Prison sentence for union leader18-08-2021

A Cambodian court sentenced a prominent union leader and government critic to two years in prison on 18 August 2021.
Rong Chhun, the president of the Cambodian Confederation of Unions (CCU), was arrested at his home in July 2020 after claiming that the demarcation of the border between Cambodia and Vietnam had stripped several farmers of their land. He was charged with “incitement to commit a felony or cause social unrest”.
Commentators believe his long record of activism, notably his defence of garment workers’ rights, explains why he was given the maximum sentence, as well as a fine of two million riels (US$490). Rong Chhun is also a member of the Cambodia Watchdog Council (CWC), an umbrella NGO of unions representing teachers, workers, farmers, and students – hence, his defence of farmers’ interests in the border dispute.
Rong Chhun and two other labour fellow labour rights advocates, Sar Kanika and Ton Nimol, were freed on appeal on 11 November 2021. The Phnom Penh Appeals Court dropped the remainder of the sentences against them, but they all remained on probation and faced restrictions related to travel and other activities for three years.

Union registration obstructed18-05-2021

The Cambodian authorities continue to prevent union registration for arbitrary reasons or for extremely minor technical errors. In one case, a union submitted its application to the Ministry of Labour on 25 December 2020, with all ten types of documents required by law. In the first week of February 2021, local union local union A local branch of a higher-level trade union such as a national union. leaders were called by the ministry for the first time to correct spelling mistakes on the cover letter and in the profile of union leaders. On 15 February, local union local union A local branch of a higher-level trade union such as a national union. leaders resubmitted the corrected documents to the ministry. Over two months later, on 7 May 2021, local union local union A local branch of a higher-level trade union such as a national union. leaders were called a second time to correct the size of the photos of the union leaders from 3x4 to 4x6. They resubmitted the documents once again. As of 18 May 2021, the union was still not registered, after considerable time and resources having been expended to submit the application. Other unions have reported similar efforts by the authorities to deny union registration over issues that have nothing to do with ascertaining whether workers have expressed their intent to be represented by a union.

Refusal to recognise union at casino hotel puts workers’ jobs and lives at risk01-03-2021

The Naga World Hotel Casino complex in Phnom Penh has consistently denied their workers the right to union representation. For more than two decades management has refused to fully recognise the Union of Khmer Employees of Naga World (LRSU).
The consequences of management’s refusal to recognise the union became more obvious following the COVID-19 pandemic. Following two outbreaks at the Naga World complex, the LRSU wrote repeatedly to management, calling for safety measures. It also pointed out in its letter of 1 March 2021 that it had received “no information from management about the positive cases or what actions are being taken. In the absence of any information – including the names of those who suspect [to] test positive for COVID-19 – it is impossible for us to assist in contact tracing and tracking. We believe this lack of transparency and cooperation significantly increases the risk for all 8,000 employees.”
COVID-19 cases escalated, and on 8 April 2021, NagaCorp announced it was shutting down operations and laying off 1,300 workers – including the union leaders who called for improved safety measures.
Management then declared that any negotiation over redundancies would be individual and not through the union, leaving each worker alone to be bullied by a multibillion-dollar company. Hundreds of workers were compelled to accept “voluntary” redundancy.
More than 600 union members refused redundancy, however, and demanded the right to negotiate the terms and conditions of restructuring through their union. Having terminated the union leadership, management refused to negotiate.
Over 2,000 LRSU members signed a mass petition to be submitted to the Ministry of Labour and Vocational Training as a formal complaint, demanding reinstatement and an end to rights violations and forced redundancies. Two mediations followed without any outcome as both the government and the employer refuse to recognise trade union rights.

Union busting by Vinci in Cambodian Airports01-01-2021

Cambodian Airport Management Service (CAMS), of which Vinci (an airport construction and investment company) holds major shares, had been refusing to renew the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement with the Cambodian Transport Workers’ Federation (CTWF) unions in the Siem Reap and Phnom Penh locations, despite their being certified as the most representative unions in January and April 2019. Negotiations had been postponed and came to a halt under COVID-19, allowing the management to impose work suspensions as of April 2020 unilaterally in all three airports without consulting the union. Many union members were targeted for terminations or early retirement, including 70 members in Phnom Penh, 21 in Siem Reap and four at Sihanoukville airport in 2020.
CAMS bypassed the union and informed staff of the retrenchment of 161 employees on 4 November 2020, 121 of whom were union members. Management only disclosed the list of retrenched workers to the unions on 24 November during a meeting with the ministry of labour. CTWF was forced to react to the retrenchment plan quickly. All furlough proposals were rejected. CAMS approached the workers individually to force them to accept the compensation package. The Ministry of Labour and Vocational Training has ignored the CTWF and affiliates’ accusation of CAMS’s labour law violations – violations under article 95 on collective lay-off procedure. By January 2021, Vinci had terminated 130 workers from the three airports. Source: CFDT and CGT letters to Vinci; ITUC letter to MOLVT

Cambodian union leader reinstated21-09-2020

In June 2020, Youli International terminated 724 garment workers affiliated to Collective Union of Movement of Workers (CUMW), including eleven pregnant women and local union local union A local branch of a higher-level trade union such as a national union. leader, Dy Phors.
Women workers at Youli and its subsidiary Shuangli protested against the terminations, and CUMW criticised Youli and Shuangli for union busting union busting Attempts by an employer to prevent the establishment of a trade union or remove an existing union, e.g. by firing union members, challenging unions in court, or by forming a yellow union. and violence against women.
IndustriALL sent a letter to Youli on 22 June, urging the company to reinstate all workers – with back wages. On 6 July, the companies quietly reinstated the pregnant workers and the local union local union A local branch of a higher-level trade union such as a national union. leader, without informing CUMW.
CUMW continued to mobilise workers and organised a protest at the Shandong Sunshell (Svay Rieng) special economic zone on 14 August 2020.
On 21 September, CUMW gained another victory in their fight for reinstatement of the 724 garment workers after another local union local union A local branch of a higher-level trade union such as a national union. leader and a pregnant worker were reinstated, following a meeting between Youli management and the union mediated by the provincial labour department.
On 4 September, IndustriALL called for a global day of action to end union busting union busting Attempts by an employer to prevent the establishment of a trade union or remove an existing union, e.g. by firing union members, challenging unions in court, or by forming a yellow union. in the garment industry. IndustriALL general secretary Valter Sanches has also written to the company, urging them to reinstate all 724 workers and to stop hiring new workers after the mass terminations.

Unions boycott discussion on labour law amendments 15-09-2020

On 15 September 2020, six independent unions boycotted a meeting with garment industry and government representatives to discuss amendments to the Labour Law that the unions say will harm the interests of garment and footwear industry workers.
The unions had taken issue with the revisions to articles 144 and 162, which would reduce the amount workers are paid for night shifts and holiday pay.
The six union groups that joined the boycott boycott A collective refusal to buy or use the goods or services of an employer to express disapproval with its practices. Primary boycotts are used to put direct pressure on an employer, while a secondary boycott involves the refusal to deal with a neutral employer with the view of dissuading it from patronising the target employer. include the Collective Union of Movement of Workers (CUMW), Cambodian Labour Confederation (CLC), Coalition of Cambodian Apparel Workers’ Democratic Union (CCAWDU), Cambodian Alliance of Trade Unions (CATU), Confederation of Cambodian Worker Movement (CCW) and the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC).
In a joint statement on 14 September, the six union groups said they had attended two previous tripartite meetings on the amendments on 16 January and 21 July 2020 and on both occasions had demanded that the ministry drop the proposed changes.

Ministry to uphold firing of union leader11-09-2020

by Pactics garment factory to fire Met Rath, president of the Employees’ Independent Solidarity Union at Pactics and Ping Teav, a union activist, saying the dismissals were legal. Both were fired in early June, after management said Rath had shared information that impacted the interests of the company and Teav had taken holiday without permission. The provincial department had also ruled on 30 June that the factory’s termination of the workers was fair, but union members disagreed, filing a complaint with the Labour Ministry on 10 August.
Nearly 400 of the factory’s 500 workers began striking on 28 August to demand the reinstatement of Rath and Teav. They were also calling for their employer to provide back pay back pay Wages or benefits due an employee for past employment. Often awarded when the employee has been unfairly dismissed. Not to be confused with retroactive pay (delayed payment for work previously done at a lower wage rate). or reinstatement options for 80 other workers it had terminated due to the economic impacts of Covid-19 on Cambodia’s garment industry exports. As of 11 September, union representatives said some among the 80 had been re-employed at the factory.

Dunnes Store asked to stop union busting in their supply chain24-08-2020

In August 2020, the Coalition of Cambodian Apparel Workers Democratic Union (C.CAWDU) called on Irish clothing retailer Dunnes Stores to stop union-busting in its supply chain in Cambodia and to ensure that four dismissed union leaders are reinstated to their original positions at Greenfield Industry.
This appeal comes after the attempt by Dunnes to bust a newly formed union. On 17 June 2020, eleven workers at Greenfield Industry held a meeting to form a factory level union of C.CAWDU and elected 11 union officials. Three days later, the human resources department summoned the 11 union officials and informed them that the company could not renew their employment contracts due to a lack of orders and poor performance by the workers.
The local union local union A local branch of a higher-level trade union such as a national union. president, Kosal, disputed this, because the workers had been completing their tasks on time and receiving the daily bonus. The company threatened the union officials, telling them to resign from C.CAWDU or face repercussions.
The local union local union A local branch of a higher-level trade union such as a national union. president, vice president, secretary and treasurer were dismissed, as they refused to sign the letter. Six union officials signed the letter and quit C.CAWDU under duress.

Calls on the Cambodian government to stop repressing unions and release detained leaders12-08-2020

Global unions have condemned the 31 July arrest of Rong Chhun, the president of the Cambodian Confederation of Unions (CCU) and prominent unionist in Cambodia.
Rong Chhun was arrested for incitement to commit felony by making comments on farmland losses and border irregularities between Cambodia and Vietnam. Recently Mr Chhun was leading pickets in garment factory closures and urging the government to make human rights improvements. In addition, the arrest follows Rong Chhun’s call for the release of teachers criminalised for their criticism of government during Covid-19 and calls for improvements in human rights in Cambodia.
On 7 August 2020, at least seven protesters and CCU members were arrested for demanding Chhun’s release. Those arrested include Sor Saknika, president of the Cambodian Informal Labourers’ Association (CILA), who was arrested with two other CCU members. Ms Saknika is held under pre-trial detention. On 10 August, Ouk Chayavy, former president of the Cambodian Independent Teachers’ Association (CITA), was attacked by thugs after visiting Rong Chhun in prison. She is leading the Free Rong Chhun campaign and is in the process of submitting petitions to the UN and country representations.
The Cambodian government is clamping down on the freedom of expression of trade unionists and dissidents. The recent administrative ban on public protests without prior approval in Phnom Penh, and the draft Public Order Law, will further curb the right to peaceful assembly and fundamental freedoms on a broad scale.
In February, the ITUC and the ETUC supported the EU’s decision to remove the Everything But Arms trade preferences for Cambodia due to lack of improvements on human and trade union rights. On 12 August, the partial withdrawal of Cambodia’s duty-free access to the European market became effective.

Union head warned over factory protest01-07-2020

On 1 July 2020, the Ministry of Labour (MoLVT) issued a warning letter to the CATU president for her alleged role in organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. a protest by workers from the Violet Apparel factory in Sen Sok district, Phnom Penh, on the same day. Hundreds of workers protested at the factory, demanding benefits from the company, which has declared bankruptcy.
The letter said that the union president incited factory workers to illegally threaten and pressure employers and that the protest caused traffic congestion. The Ministry’s Department of Labour dispute labour dispute See industrial dispute director also said that the president had forced employees to protest to achieve individual objectives and that the protest contradicted the Covid-19 prevention measures. He said that if the president did not stop her actions, she would be sued and face the law.
The CCU president said she did not incite or push workers into illegal acts, as they were demanding the benefits they were legally entitled to. She reaffirmed she would continue protecting the rights of workers. The factory had suspended workers in May. On 25 June, Violet Apparel had declared bankruptcy and promised to provide benefits by 1 July. However, they then decided to give fewer benefits and not pay until 6 July, leaving many workers without any means to provide for their subsistence and that of their families.

Cambodia union leader jailed for social media posts 18-05-2020

On 2 April 2020, Soy Sros, a local union local union A local branch of a higher-level trade union such as a national union. leader at Superl Cambodia, was arrested for “provocation’’ under the Cambodian Criminal Code for social medial posts criticising the suspension of union members, including a pregnant woman, during the coronavirus crisis. She is held at Kompong Speu provincial prison.
By May 2020, CUMW president Pav Sina attested that Ms Sros’ health was deteriorating, and although she had received medical treatment in prison, she should be released as soon as possible and given access to medical treatment in a hospital.

Partial withdrawal of EU’s Everything But Arms trade preference due to severe violations of human and trade union rights 12-02-2020

On 12 February 2020, the European Commission announced partial withdrawal of the Everything But Arms (EBA) eligibility of Cambodia due to systematic violations of human and political rights, freedom of assembly and expression. 
Following years of trade union campaigning, and the imminent threat of EBA withdrawal, a recent reform of the country’s Law on Trade Unions still failed to address key demands to bring the law into conformity with ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
standards and to protect freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
and the right to organise. The government has continued to file charges against trade union leaders, and organising organising The process of forming or joining a trade union, or inducing other workers to form or join one.  or joining a union in garment factories and other sectors is becoming increasingly difficult and dangerous. Anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

is rampant.  
EBA is conditional on compliance with the principles of 15 UN/International Labour Organization conventions on core human and labour rights, and can be withdrawn if there is “serious and systematic violation” of those principles. The human rights situation in Cambodia is very poor. In February 2019 the European Commission identified three main problem areas in this country. The first of these is labour rights, with systematic harassment of independent trade unions and employees who exercise their right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
With Cambodia being a major beneficiary under the EBA, the partial withdrawal is a test for Europe’s trade policy and its impact on human rights.

Employers still opposed to collective bargaining 15-01-2020

According to the Cambodian Labour Confederation, employers in Cambodia frequently oppose and delay collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. For instance, NagaWorld airport hotel and Sorya Transportation refused to engage in collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
 with the respective company unions. NagaWorld even brought the matter before the arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
council as a stalling tactic, which means that workers cannot enter into collective action while the matter is pending. 
Source CLC questionnaire 
26-11-2019 Amended Trade Union Law still not compliant with ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
 Convention 87 
The ten amendments to the Trade Union Law (TUL) passed by the Cambodian parliament on 26 November are still not compliant with the principle of freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
. The amended TUL does not allow for sectoral and professional trade union organisations, which makes it impossible for domestic workers and other workers not covered by the enterprise model of work organisation to form a trade union. Minority unions are unable to bargain on behalf of their own members. There are also risks of intervention of the trade union’s administration through financial audits if a donor requests it, broad grounds for dissolution of a trade union, and inconsistent age requirements for candidates standing in trade union elections. In practice, upper-level trade unions are obstructed from representing members and non-members in collective labour disputes. 

Five-star hotel suspends union president as it continues to deny collective bargaining rights 09-01-2020

On 20 September 2019 the 5-star Naga World Hotel Casino in Phnom Penh suspended Chhim Sithar, the president of its workers’ union the Labour Rights Supported Union of Khmer Employees of Naga Hotel (NHW). 
The NHW had been struggling for rights and recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. against a hostile management for nearly two decades. In May 2019 the union launched a campaign to bargain wages for the first time and quickly faced a management backlash. Chhim Sithar was suspended for allegedly breaching company rules. She was in fact only assisting a union member who was being harassed by security over the fact that she had a union T-shirt on wage bargaining in her bag. 
For years, in addition to wage bargaining, the union had been calling for action by management to curb violence and sexual harassment by customers towards hotel staff. Management’s response was that customers may respond aggressively when they lose at gambling and nothing can be done and that workers must apologise to guests who assault and abuse them, and then get on with the job. 
On 30 October the union formally called on management to convene a meeting to discuss creating internal guidelines on abusive behaviour and sexual harassment, with sanctions that include being banned from the premises, as well as guidelines for managers, security and staff to follow in case of incidents of violence. 
Finally, on 9 January 2020, Chhim Sithar was reinstated at her job following a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by union members. However, there is unfinished business at giant Naga World. Management has obtained a court injunction injunction A court order prohibiting or preventing a certain course of action, such as calling or continuing with a strike. declaring the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
illegal, after threatening disciplinary action including termination against strikers following the membership vote for strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. Recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of the right to bargain wages remains to be secured, and the union has yet to secure agreed protections against harassment, violence and abuse, particularly for workers in the casino department. 

Amended Trade Union Law still not compliant with ILO Convention 87 26-11-2019

The ten amendments to the Trade Union Law (TUL) passed by the Cambodian parliament on 26 November are still not compliant with the principle of freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
. The amended TUL does not allow for sectoral and professional trade union organisations, which makes it impossible for domestic workers and other workers not covered by the enterprise model of work organisation to form a trade union. Minority unions are unable to bargain on behalf of their own members. There are also risks of intervention of the trade union’s administration through financial audits if a donor requests it, broad grounds for dissolution of a trade union, and inconsistent age requirements for candidates standing in trade union elections. In practice, upper-level trade unions are obstructed from representing members and non-members in collective labour disputes. 

Further harassment of union leader 07-10-2019

On 7 October 2019 Phnom Penh Municipal Court issued a fresh summons against Ath Thorn, president of the Cambodian Labour Confederation (CLC), to answer a charge stemming from a 2013 protest at a factory in the Meanchey district. Mr Thorn was asked to appear in court on 30October to answer questions over the protest, which turned violent, in front of SL Garment Factory on 1 November 2013. 
Mr Thorn faces charges of incitement to commit a crime, despite the fact that the owner of the SL factory had withdrawn the lawsuit in 2015. 

Garment factory sacks union leader for defending workers’ rights 31-07-2019

At the beginning of July 2019, the Bowker Garment Factory in the Kandal province sacked worker representative Hean Sroeun, who is also deputy of the Cambodian Development Union (CDU). Ms Sroeun said she was sacked after she defended a union member who was accused of stealing clothes from the factory and fired. She noted that the company was not able to prove that the union member stole, but sacked the employee regardless. “I asked the company to show me the security footage, but they did not do it,” she said. “When I came to her defence, I was fired as well.” 
Another worker and union member, Ms Phalla, believed Ms Sroeun had been sacked because of her continual attempts to improve working conditions. Recent changes to the factory’s management team had brought increasing problems. “The company fired workers without reason and discriminated against the union,” Ms Phalla said. “It restricted the rights of workers.” 

Blacklisting and government interference28-03-2019

On 13 February 2019 the W & D garment factory in Phnom Penh announced that most of the 1,200 workers it had sacked in January following a dispute could return to work. However, it refused to take back 127 workers who had been blacklisted for allegedly “inciting” the industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. . Most of the workers refused to return unless their blacklisted colleagues were also reinstated. 
On 25 February over 1,000 workers marched from the garment factory to the Labour Ministry to demand that the government intervene to force the company to reinstate the 127 blacklisted workers. 
 
On 18 March, Prime Minister Hun Sen called on the Cambodian Labour Confederation (CLC) President Ath Thorn to stop urging garment workers to protest and demand indemnity payments. He made his remarks during a graduation ceremony in Phnom Penh. “I appeal to Ath Thorn to tell your members to understand this issue and accept what is stated in the law,” Mr Hun Sen said. 
The dispute ended on 28 March when the company agreed to reinstate more than 1,000 sacked workers. The firm said the workers’ seniority would be maintained but it would not offer pay and benefits for the period of the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, which the strikers accepted. To his credit, the prime minister appealed to the company to take the workers back. 

Sacked for protesting over conditions 23-01-2019

The W&D garment factory in Phnom Penh issued a press release on 4 January 2019 announcing it had sacked 1,200 workers for going on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
began on 24 December 2018 over wages and conditions. With the support of the Phnom Penh Municipal Court, the company issued an ultimatum for the workers to return to work within 48 hours or be sacked. The workers responded by occupying the factory, which led to the company’s announcement that their jobs were terminated. The president of the Collective Union of Movement of Workers (CUMW), Pav Sina, commented that it was nothing new for companies to use the court system to pressure and fire protesting workers.
The company later relented and allowed most to have their jobs back. However, it refused to rehire ten of the workers, whom it accused of inciting the stoppages. A few agreed to return, but 1,000 workers continued their protest in support of the ten. Garment worker Sam Srey Mom told the media that she would not return to work because the victimisation of the ten workers was an attempt by the company “to pressure and divide us.”
The protest was still ongoing in late January 2019.

Sacked for organising 22-12-2018

The Prestige Garment factory sacked Houn Sovith on 22 December 2018 after he tried to form a union.
Mr Sovith had been active in trying to protect workers’ rights, demanding that the management should not deduct wages from employees who took emergency leave, and calling for an extension of employment contracts from two to six months. He formed a union and the workers voted to make him president. After he submitted documents to the Department of Labour and Vocational Training in Kandal for union recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. , however, management retaliated by sacking him.

Company hires thugs to break up pro-union protest 18-12-2018

When garment workers from City Spark Cambodian Co Ltd organised a protest on 18 December 2018, they were attacked by company-hired thugs.
More than 500 garment workers from the company in Kantok commune staged a protest outside the factory to demand better working conditions and to be allowed to form a union.
Ten thugs armed with sticks and hoes attacked them. The attackers pushed several workers to the ground, and some suffered hand and abdominal injuries. Fortunately, although mild injuries were sustained, no one was seriously hurt.

Heavy sentencing for seven union leaders after strike actions11-12-2018

Three cases involving seven national trade union leaders which have been pending since 2013 were heard at Phnom Penh Municipal First Instance Court on 7 and 11 December. Even though the employer has dropped the allegations (in 2015 for case one, and on 5 December 2018 for case three others), the six leaders were given heavy prison sentences of up to two and a half years under suspension. They were convicted not for the concrete actions undertaken during the strikes, but were held responsible for the actions of others.
In addition, under Article 21 of the Trade Union Law, they would not be eligible to run for or maintain their elected positions, nor take up managerial, administration posts in the trade union.
1- Case of SL, 2013 (Steng mean Chey): Ath Thorn (CLC president) and Ek Sopheakdey (CLC vice president) received suspended sentences of two-year imprisonment for inciting violence and damage.
2- Case of Ocean Factory, 2012: Pao Sina (CUMW president) and members received suspended sentences of eight months for inciting violence and damage.
3- Case of six union leaders on Veng Sreng Street in the general strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, 2013-2014: The case was heard in 2017 and the defendants bailed out without further proceeding. Six national trade union leaders – Yarng Sophorn, Rong Chun (acting president and president of CCU); Pao Sina (CUMW president); Ath Thorn (CLC president); Morm Gnem (CNC president); and Chea Mony (FTUWKC president) were charged on 8 January 2014 for the following offences under the Criminal Code in the general strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
between 25 December 2013 and 03 January 2014 in which four persons were killed: manslaughter, intent to commit damage, threat to commit damage, and obstacle to public traffic.
This case was re-opened on 7 and 11 December 2018, and the conviction was made on a different charge amended by the judge using provisions of the Criminal Code on instigating violence without informing the defendants and their representative lawyers. The six union leaders were sentenced to two years and six months imprisonment under suspension, and ordered to pay a reparation of US$8,750 (35 million riel) to two victims injured in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, Som dina and Tim Vuthy.

Union leaders sentenced for organising protests on unproven charges of violence11-12-2018

On 11 December 2018 the Phnom Penh Municipal Court handed down two-and-half-year suspended sentences to six prominent trade union leaders, following a trial riddled with irregularities and lacking in evidence.
All six were found guilty of instigating violent protests against the government in 2013 and 2014. The protests began in late 2013 in the capital Phnom Penh, with workers demanding a US$160 monthly minimum wage. Violent police repression followed, notably on 3 January 2014 when military police opened fire, killing four people and leaving another 27 injured. The court also ordered the six to jointly pay compensation of 35 million riels (US$8,750) to two policemen said to have been victims of the violence during the protests.
The six leaders charged were Chea Mony (Free Trade Union of Workers of the Kingdom of Cambodia - FTUWKC) ); Mom Nhim (National Independent Federation Textile Union of Cambodia- NIFTUC); Pav Sina (Collective Union of Movement of Workers - CUMW); Yang Sophorn (Cambodian Alliance of Trade Unions - CATU); Ath Thorn ( Coalition of Cambodian Apparel Workers Democratic Union - CCAWDU); and Rong Chhun (Cambodian Independent Teachers’ Association – CITA).
Under Cambodian law, the guilty verdict effectively meant the six could no longer lead their unions as they had a criminal conviction.
No evidence was submitted to prove the six union leaders had instigated any of the acts for which they were sentenced. None of the actual perpetrators of violence or damage were brought to the hearing, nor were they named. Ath Thorn, leader of the CCAWDU, for example, pointed out that he was not even present at the protest site at the time of the violence.

Harassment and prosecution of labour activist 20-07-2018

Moeun Tola, executive director of the Centre for the Alliance of Labour and Human Rights and a prominent supporter of labour rights in Cambodia (he had previously worked as the Trade Union Development Project Coordinator in Cambodia for the Building and Wood Workers International), was charged on 18 January 2018 with “breach of trust” by a Phnom Penh Court.
He and two other civil society leaders, Pa Nguon Teang, an advocate for press freedom, and Venerable But Buntenh, an activist monk, were accused of misappropriating funds raised for the funeral of Kem Ley, a well-known government critic who was assassinated in July 2016. Human Rights Watch termed the charges “politically motivated legal harassment” and an example of the government targeting civil society activists. Members of Kem Ley’s own family repeatedly stated that there was no basis for the allegations, and that Tola and the other two accused leaders had never handled any of the funeral funds. The charges carried a prison sentence of up to three years. In July 2018 the Phnom Penh Municipal Court dropped all charges.

Four union leaders jailed for organising strike 19-07-2018

Four leaders of the Workers Friendship Union Federation (WFUF) were arrested on Monday 12 February 2018 for allegedly organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. an illegal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at the Cosmo Textile factory in Kandal province. The four workers, Chhean Vannak, Moeun Chhit, Lok Neang and Phan Sary, were sent to Kandal Provincial Prison for pre-trial detention.

The dispute began the week before when Chhean Vannak and Moeun Chhit were dismissed from the factory for apparently failing to stamp their attendance cards and went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
inside the factory the following day. In fact, Vannak had lost his stamp card and had informed the factory, but had not yet been issued with a new one. Union members suspected he and his colleague were really being targeted for their union activities, as no action had been taken against other workers who had forgotten or lost their attendance cards.
Other workers joined in their strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, and the company brought allegations of violence and property damage during the protest. The four denied causing damage, while supporters said the company’s complaint was aimed at breaking the union by impeding the activities of the four and sacking them.
All four were eventually freed on bail on 9 July after nearly five months’ detention after a Kandal province court order.

Fired for organising 17-05-2018

The Cheng Shi Xin Manufacturing company in the Takeo province fired Som Sopheap in May 2018 after he tried to organise a union. Mr Sopheap had led demands for better working conditions, including a lunchroom, an infirmary and monthly bonuses paid on time.
On 17 May nearly 1,000 of his colleagues staged a walkout when they learned he had been fired. The company refused to rehire Mr. Sopheap, however, and did not meet the workers’ demands.

APSARA cancels collective agreement and dismisses 126 workers16-05-2018

On 28 February 2018, the project manager of EFEO informed the unions about the suspension of the project site at West Mebun Temple due to a lack of government funds and its handover to the APSARA authority. Following this decision, APSARA annulled the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement in place and terminated all 126 workers on site, effective 2 May 2018. They were later approached by APSARA management, who offered them very low-paid jobs and refused to grant them any of the other benefits provided in the collective agreement signed between EFEO and the Building and Wood Workers Trade Union Federation of Cambodia (BWTUC). BWTUC leaders later found out that funding for the project was still available until November 2018.

Dismissal of 13 teachers and union activists by the Ministry of Education 13-03-2018

On 15 February 2018, Rong Chhun, a former unionist who resigned from the National Election Committee (NEC) following the forced dissolution of the opposition, was fired from the Ministry of Education, along with twelve other teachers and union activists, for allegedly “being absent without permission”.
Chhun quit as a member of the NEC in November 2016 in protest of the controversial dissolution of the Cambodia National Rescue Party for its purported attempt to overthrow the government. A frequent government critic and the former president of the Cambodian Independent Teachers’ Assocation, Chhun said he was granted a leave of absence from the Education Ministry’s Research Department to work for the NEC in 2015.
He applied to rejoin the department on 3 January 2017, only to be informed at the end of last month that he had been terminated for being “absent without permission”, effective retroactively from the start of the year.
On the same day, the Ministry of Education also fired four ex-Cambodia National Rescue Party members from their teaching jobs in Siem Reap province, on the same grounds. The teachers claimed the move was “politically motivated” and “unjust”.

Union representatives charged for “organising illegal strike”15-02-2018

Four union leaders from the Workers Friendship Union Federation (WFUF) were charged and sent to prison on 14 February for allegedly organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. an illegal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in Kandal province.
Two of the unionists at Cosmo Textile Co, Ltd, on National Road 4 in Ang Snuol district, Chhean Vannak and Moeun Chhit, were dismissed, after allegedly failing to stamp their attendance cards five days in a row. They organised a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action inside the factory the following day.
Both dismissed union leaders were summoned to court, with Lok Neang also appearing as a witness. All three were arrested when they appeared, and Phan Sary was arrested later that afternoon.
Court spokesman Tin Sochetra said the men had been charged and sent to pretrial detention at Kandal Provincial Prison for instigating workers to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
illegally, inciting damage of factory property, affecting public order by blocking the national road and intentional violence for allegedly making a panicked security guard faint.
Deputy District Police Chief Thiv Chiv Chantha said attempts to arrest more people involved in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
had followed. “When the authorities went to their house, they escaped, and we’re waiting for the court order. If anyone is involved in this case, they’ll get arrested,” he said, declining to give further details.
Seang Sambath, WFUF president, said the dismissal of the unionists breached the law, as they had not done anything wrong and had worked as normal prior to their dismissal. “Our union leader [Vannak] lost his [stamp] card and already informed the factory administration, but they didn’t make the new card yet,” he said.
But Reim Bora, general manager of the factory for the last two months, said he had warned the union leaders about disrespecting internal rules.
Worker Khorn Sreyleak, 24, accused the factory of targeting the union leaders and called for their release. “I and other workers also sometimes don’t scan our attendance card, but I never got any problems,” she said.

Mass dismissals following strike, union sued07-01-2018

Gawon Apparel factory in Kandal province’s Takhmao town fired 588 workers on 7 January 2018 following a protracted strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
The workers had been involved in a lengthy strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
over unpaid wages, a problem that had persisted for over a year. At the beginning of January the factory obtained a court warrant ordering protesters and officials from the Coalition of Cambodia Apparel Workers’ Democratic Union (CCAWDU) to return to work within 48 hours.
A worker said that they returned to work as ordered, but only worked two days before resuming their protest at the factory gates. She explained that the court order was unjust, their demands had not been met, and the workers could not resume work, as the factory took machines out during the protest. Several workers had continued to sleep in front of the factory to prevent more machinery from being removed.
The factory director decided to fire the 588 workers by accusing them of not following the court order.

On 21 January it was revealed that the factory owner was suing the CCAWDU for continuing its protest and had requested Labour Ministry intervention. The factory claimed the protesters used violence and intimidation to prevent other workers entering the factory, which the CCAWDU denies. The case was ongoing at the time of writing.

Union leaders suspended after strike07-06-2017

The Southland garment factory in Phnom Penh’s Por Sen Chey district suspended ten union leaders on 7 June following a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by 1,500 workers.
The initial strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was over the factory’s refusal to give workers sufficient time off to travel to and from distant polling stations in order to vote in the 4 June elections. Employees agreed to work on a bank holiday in return for taking the Saturday off to travel, but wanted the Monday off to travel back, on half pay. The factory insisted that workers who did not return that day would have the day taken out of their annual leave – which could impact their attendance bonus and yearly salary.
The workers went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in protest, and the factory then suspended ten union leaders from the independent Collective Union Movement of Workers (CUMW), and one other worker, for seven months.
A CUMW official said the factory had discriminated against the union’s members by targeting and subsequently suspending them, despite the fact that most of the workers at Southland belonged to a government-aligned union, the Cambodian Union Federation (CUF). The CUMW also claimed that the majority of workers were pressured against their will into joining the CUF, which had been deducting membership fees from the workers without their agreement. Workers said the CUF did nothing to support their demands.
Following the suspensions, the workers prolonged their strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Following negotiations between the factory and unionists, mediated by the government, the CUMW announced on 12 June that the suspensions had been lifted. As part of the agreement, Southland pledged not to penalise workers who went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in solidarity with their suspended colleagues.

May Day marchers blocked by riot police and barricades01-05-2017

The Phnom Penh authorities banned a coalition of independent trade unions representing many of the garment sector’s 700,000 workers from holding a march to celebrate International Workers’ Day and hand over a petition to the National Assembly. Instead unions were told they could commemorate the day at their offices or at private venues.
The unions decided to go ahead, and initially planned to begin their march at the Wat Phnom temple. By early morning on 1 May, however, dozens of police and security guards had assembled near the temple and along the river, ready to stop the march. The unions decided to gather their members and supporters outside the Russian Embassy instead, putting them much closer to the Assembly. Dozens more riot police and security guards met them there, too, blocking their new route and ordering them to break up.

After a two-hour standoff from about 8 a.m., the riot police briefly took formation as if to march on the packed crowd. After negotiation the police pulled back and allowed the crowd to march the few hundred meters to the Australian Embassy, within sight of the Assembly, where they were forced to stop for good. The lead organiser, Mr Ath Thorn, president of the Coalition of Cambodian Apparel Workers’ Democratic Union (CCAWDU), was able to address the crowd, setting out the main points of the demands they had wanted to present directly to the National Assembly. Those demands included a proper minimum wage and better working conditions; dropping the charges that were laid against several union leaders over garment workers’ protests in January 2014; and amendments to the controversial Trade Union Law, which has made it harder for unions to protest, form local branches and represent workers.

Garment workers banned from marking International Women’s Day01-05-2017

A request by the Cambodian Labour Confederation (CLC) to allow the country’s garment workers to celebrate International Women’s Day on 8 March 2017 was refused by Phnom Penh City Hall. They had wanted to celebrate it publicly at the Wat Phnom Buddhist temple, but following the refusal the union decided to rent a private venue.

Consistent attempts to weaken the union at Cambrew30-04-2017

In April 2017 the Cambodian Food and Service Workers Federation (CFSWF) publicly denounced attempts by Cambrew, Cambodia’s largest brewery, whose biggest partner in the country is Carlsberg, to weaken union representation. Union members were being asked to resign in return for money. Simply firing them could have violated the labour law, and the company would have had to pay severance. According to the vice-president of the CFSWF, Ou Tepphallin, one of the union members was given USD 10,000 to resign.

The union saw the move as part of persistent attempts to undermine union and workers’ rights, pointing to several examples including the 2016 firing of 11 female beer promoters who were protesting at unfair and exploitative contracts.

Cambrew continued its attempts to weaken the union by taking it to court in April 2017 to demand punitive financial “compensation” for the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in August 2016 at the Cambrew warehouse in Sihanoukville in response to the discriminatory dismissals of the beer promoters.

On 23 June the head of the CFSWF Sar Mora appeared before Preah Sihanouk Provincial Court on behalf of his federation in relation to the USD 60,000 lawsuit. According to Sar Mora, the company filed a civil case against the federation, citing “harassment”, rather than a case based on the Labour Law. “I think the real cause is that Cambrew doesn’t want our independent union independent union A trade union that is not affiliated to a national union. Can also be a union that is not dominated by an employer.

See yellow union

in their company, and from time to time they make threats to our members, activists and union leaders,” he said.

Cambrew’s claim for USD 60,000 against the Cambodian CFSWF was dismissed by the Cambodian Provincial Court in Sihanoukville on 21 July.

New wage law would severely restrict trade union rights15-03-2017

A legal analysis of Cambodia’s draft minimum wage law published in March 2017 found that it would undermine and potentially criminalise the work of unions, labour rights activists and civil society groups by barring peaceful demonstrations and sidelining independent unions.
The analysis was carried out by the Cambodian Centre for Human Rights (CCHR), the Solidarity Centre and the ITUC. They welcomed the creation of a national minimum wage – only garment workers have a minimum wage at present – but expressed concern at the strong restrictions on rights contained in the draft.
In their executive summary the three organisations note the potential of the Draft Law to severely restrict the fundamental freedoms of assembly, association and expression. They point specifically to “the proposed ban on any form of ‘objection’ to the agreed-upon minimum wage (Article 26) and the prohibition on conducting independent research related to the minimum wage (Article 23)”. The draft law imposes fines for individuals who commit “illegal acts” in expressing their displeasure at the wage, and punitive fines for using economic and social data not approved by the National Minimum Wage Council to ascertain annual increases.
The organisations further note that “the participation of independent/democratic unions is not guaranteed, and the organisation and functioning of the National Minimum Wage Council are not outlined in the draft law, leaving the details at the discretion of a ministerial Sub-decree (Article 18). The Draft Law also gives significant discretion to the Minister in Charge of Labour to set different minimum wages based on employment sector and geographic region, threatening to undercut the objectives and spirit of the law, overall (Article 9).”
The analysis recommends amendments and additions to the draft law that would bring it in line with international human rights law and constitutional human rights guarantees.

Sacked for forming a union03-01-2017

Sinosky Hejun Garment Co Ltd sacked Kim Chetra for forming a union at the factory at the end of December 2016, said Mom Seak, president of the Khmer Union Federation of Workers Spirit (KUFWS). Kim Chetra had been very active in supporting workers who had faced problems at work, and wanted to form a union to help improve conditions at the Chinese-owned garment factory, located in the capital’s Por Sen Chey district. Over 100 of his colleagues stopped work for four hours on 3 January 2017 to call for his reinstatement.

Labour Minister threatens unions31-08-2016

Speaking at a workshop on the registration of trade unions and employer associations on 31 August 2016, Labour Minister Ith Samheng threatened any striking workers with arrest, claiming the ministry’s officials have to pay more attention to “the law” and stop the “impunity” with which unions operated. He said that officials in all units of his ministry across the country had to make more of an effort to take legal action against workers who strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
or demonstrate.

“I would like to say that from now on, all units and institutions should know that in all cases of demonstrations and strikes, even though the announcement is being made today, they must continue to review the procedures of the law and whether it [protests] are done legally or illegally,” he said.

Most of his speech revolved around his belief in the need for tougher legal measures to be used against striking workers or unions. Unions who strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
without consulting all of the workers in their union will be punished through the courts, he said. Union leaders especially will be punished if their organisations violate any stipulations of the labour law, he warned.

He went on to claim that the harsh measures were for the good of the country, stressing the need for respect of “rule of law.”

Dismissed for asking for better working conditions30-07-2016

At the end of July 2016 workers from the Dongdu Textile factory in Phnom Penh’s Dangkor district sacked nearly 800 employees who had been protesting for over a month to demand better working conditions. The matter was taken to the Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council, which ordered the company to reinstate the workers, but Dongdu ignored those instructions. A new protest was staged, this time outside the Labour Ministry, in a bid to get their case taken seriously. Workers handed a petition to a Labour Ministry official who told them that their protest was illegal and ordered them to leave. Workers refused saying they had already been fired and did not fear arrest.

The Labour Ministry later said it would invite the company management, workers and representatives of the Collective Union of Movement of Workers (CUMW) to a meeting to resolve the issue.

Police injure protestors demonstrating against trade union law04-04-2016

Security forces injured at least one union official as they violently broke up a demonstration by opponents of the controversial new Trade Union Law on 4 April 2016 as it was being debated in the parliament.

Security guards were brought in to disperse unionised workers protesting against the controversial draft trade union law.

Trade union members, human rights organisations and workers’ rights groups were pushed, shoved and in some instances beaten by the security guards after the demonstrators started chanting slogans against the draft law as it was due to be voted in the National Assembly.

Yang Sophorn, prominent union leader and president of the Cambodian Alliance of Trade Unions, was one of the protesters shoved to the ground during the scuffle, while Suth Chet, a member of Collective Union of Movement of Workers, was punched in the face by one guard while being restrained by several others, and sustained an injury to his left eye.

Nay Vanda, the deputy head for monitoring at human rights group Adhoc, also present at the protest, was highly critical of the security guards actions, and testified to the peaceful nature of the protests.

New anti-union law passed04-04-2016

The Cambodian parliament approved a controversial new Trade Union Law on 4 April 2016 in the face of repeated objections by trade unions, human rights organisations, the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
and several global garment brands. None of the requested alterations made by unions were incorporated into the final text. The new law will among other things impose new limits on the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, facilitate government intervention in internal union affairs and permit third parties to seek the dissolution of trade unions. At the same time the maximum sanctions against employers for unfair labour practices are so low as to be worthless (at USD 1,250).

The ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
in Cambodia, which helped the government to draft the trade union law between 2014 and 2015, released a statement on 4 April 2016 after the law was adopted by the parliament, saying: “...on numerous occasions the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
drew the government’s attention to several key concerns and gaps. These are mainly related to insufficient protection of the right of all workers and employers to freely set up organisations of their own choosing, and of the right of these organisations to decide on their internal matters without interference, as part of Cambodia’s obligations under ratified ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
Conventions.”

Union officials arrested after protest at garment factory09-03-2016

Two members of the Free Trade Union (FTU) were arrested by plainclothes police in Kampong Speu province on 1 February 2016 following a protest over anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

. Workers at the Chinese-owned Cerie (Cambodia) garment factory in Samrong Tong district had been protesting for almost a month against the firing of three trade unionists who tried to organise workers at the factory. The Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council had ruled on 15 December 2015 that the three be reinstated, but the ruling was ignored.

The two arrested were Toch Srun, leader of the FTU branch at the factory, and Yung Leap, an FTU official from the national union who had come to help coordinate protests. Chea Mony, president of the FTU, said they were arrested by police officers who had been watching from a car, just after the protest ended. The police officers were in plain clothes, they used an unmarked car, and did not produce arrest warrants. Mrs Leap and Mr Srun were charged with incitement and damaging private property and remanded in custody. Eye witnesses said the protest was not violent, and even the Garment Manufacturers’ Association – an organisation that represents factory owners – said the unionists had followed legal procedures in their protest over the firing.

Toch Srun and Yung Leap were released on bail by the Kompong Speu Provincial Court on 9 March 2016, under court supervision, still facing charges of incitement and intentional violence.

Two garment union leaders sentenced on trumped up charges19-02-2016

Two union leaders went on trial at the Phnom Penh Municipal Court on 5 February 2016 for allegedly destroying company property during strikes by more than 2,000 garment workers at Evergreen Industrial Co. Ltd in 2011 and 2012. The factory in Phnom Penh Special Economic Zone employs about 2,500 workers and makes jeans for Old Navy and Dockers, among others.

Chum Sophea, 32, head of the Coalition of the Cambodian Apparel Workers’ Democratic Union at the factory, and the union’s secretary general, Chum Pheakdey, 34, were charged with “intentionally causing damage” to property. If found guilty they face between six months and two years in jail.

The lawsuit was filed by Peng Keng Kong, executive director at the company, who demanded strong penalties for the leaders of the strikes, claiming they had incited workers to enter the property and cause serious damage. Mr Sophea and Mr Pheakdey said the charge against them was false. There was no protest in 2011, while the weeklong protest in June 2012 was non-violent, they said.
“The protests were conducted by garment worker themselves who were demanding that the company comply with Cambodian labour law. We did not incite them to damage the factory’s property,” Mr Sophea told the court. “There were no acts of violence and there was no damage to any company property.
On 19 February 2016 both men were given six-month suspended sentences and ordered to pay fines and damages. They said they would appeal.

Two protesting bus drivers arrested and many injured06-02-2016

Two bus drivers were arrested and 14 people were injured during a violent attack outside the Capitol Bus Company on 6 February 2016. The bus drivers had been taking part in a lengthy protest against the dismissal in 2015 of 45 employees who had attempted to form a union, a branch of the Cambodian Transport Workers Federation (CTWF), in the hope of improving their extremely poor working conditions.

Video footage shows members of the employer-backed Cambodia for Confederation Development Association (CCDA), clothed in black and wearing helmets, rushing at the CTWF protestors and violently beating them with sticks, metal bars and hammers. The incident left at least 14 people injured, including protesting bus drivers and their supporters, one human rights monitor and one police officer. One individual suffered an arm fracture while many others had facial injuries from blows to the head.

One of the dismissed Capitol Bus drivers, Nan Vanna, a member of the CTWF, and Cambodia Informal Worker Association (CIWA) official Ruos Siphay were arrested. They were charged with aggravated intentional violence, obstructing public officials and obstructing a public road. None of the people who carried out the beatings were arrested, however.

On the same day, four leaders of leading independent trade unions, including Ath Thorn, president of the Cambodian Labour Confederation (CLC); Sok Chhun Oeung, president of the CIWA; and Cambodian Transport Workers Federation (CTWF) secretary Eang Kim Hun were also charged with the same three offences. The Cambodian Centre for Human Rights (CCHR) noted that none of the four leaders were present during the incident and commented that their prosecution suggested a targeted crackdown on the entire trade union movement. It also pointed out that no effort was made to bring the real perpetrators of the violence to justice.

Strikers attacked by security guards01-02-2016

Striking garment workers in Kandal province were attacked by security guards on 1 February 2016. The workers from the Starlight garment factory had been protesting over the recent dismissal of eight employees who were trying to form a union. “A group of security guards from the factory and the 7NG economic zone came over, some holding knives, and violently attacked union officials and workers,” said Sieng Rithy, director of the Cambodian Labour Solidarity Union Federation.

Eight workers and unionists were slightly injured in the ensuing melee, while one worker, Sem Seth, was more seriously hurt, Rithy said.

Striking beer vendors fired21-01-2016

Eleven members of the Cambodian Food and Service Workers’ Federation (CFSWF) employed by Cambrew, a joint venture between local brewers and Carlsberg, were dismissed on 21 January 2016 for taking strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. The women, whose job was to market and serve Angkor beer in restaurants, had gone on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 16 January in protest at the company’s attempt to impose short-term employment contracts and late working hours.

After two years on the job, workers have a legal right to a permanent contract, which gives paid maternity live and other benefits. Carlsberg/Cambrew refused to comply with the law, however. The company also refused the union’s request for talks on their contracts and escalated the conflict on 15 January by extending working hours to 11:00 p.m., which puts the women at greater risk of harassment from customers and of not finding transport home because of the late hour.

The Labour Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council instructed workers to resume work while awaiting the outcome of a dispute resolution process. However, when the workers returned to work on 21 January, they found that 11 prominent union members had been dismissed. The company denied sacking them, saying they had left voluntarily, but the women say there were photos of their faces posted on walls and that they were blocked by security guards, who told them they had been fired.

Five unionists arrested and several injured during strike 12-01-2016

Five officials from the Collective Union of Movement of Workers (CUMW) were arrested on 12 January 2016 following violent clashes with employer-sponsored thugs at the Agile Sweater factory. The five, named as CUMW’s vice president, Khat Lot; Cham Samnang; Prum Bunthoeun; Mao Moy and An Thona, all from the CUMW office in Phnom Peng, were provisionally charged with intentional violence, inciting people to commit crimes and disrespecting a court order, before being sent to prison to await trial.

They had gone to the factory to support 800 workers who had been on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
since 24 December 2015, demanding improved pay and working conditions. The union members say they were immediately confronted and beaten by ten people representing the employer-controlled union, the Trade Union Workers Federation of Progress Democracy. Five workers suffered injuries to their head and hands. The president of the employer-controlled union also ordered his group of workers to destroy CUMW materials and loud speakers.

The Agile Sweater factory made news back in October 2015 when two of its workers were arrested and charged over their attempts to set up an alternative, independent union independent union A trade union that is not affiliated to a national union. Can also be a union that is not dominated by an employer.

See yellow union

inside the factory. They were later released in exchange for an agreement by workers who had stopped work in protest at their arrest to return to their stations.

A week after their arrests, the five CUMW officials were released on bail, pending trial, with the support of the Solidarity Centre legal team in Phnom Penh. In a further twist CUMW president Pav Sina and CUMW official Suth Chet were also summoned to appear in court alongside the original five at the end of February. Suth Chet was among those who had received head injuries.

Workers beaten on May Day09-02-2015

At least five people were injured during May Day celebrations outside Freedom Park. Hundreds of police officers were deployed and the park was surrounded with barbed wire to bar protesters. Police and security forces intervened violently against around 1,500 people demanding better working conditions and wages. According to the Overseas Press Club of Cambodia, at least three journalists were attacked by police.

Government establishes new Committee and introduces new law to clamp down on union activity31-10-2014

In early 2014, the government appointed the heads of the armed forces to a new Committee to Solve Strikes and Demonstrations, which threatens to militarise future government responses to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
activity and demonstrations. Following the 2-3 January strikes, the government has repeatedly used force to break up demonstrations and rallies, and has detained trade union leaders for participating in those events.

Further limitations on trade union activity were being developed through a review of the laws regulating trade unions. A draft of the Trade Union Law made public in May was reviewed by the International Labour Organization International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
, which said that it fell well short of meeting international conventions signed by Cambodia that ensure the right to assemble and unionise.

At a workshop on the draft union law for government, factory and union representatives in Phnom Penh in May, ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
labour relations specialist John Ritchotte said it failed to comply with Cambodia’s ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
convention obligations on several points and was actually a step backward compared to earlier versions.

The proposed law gives the country’s courts broad power to revoke union licenses. It also stipulates that at least 20 per cent of employees at an enterprise must agree to join a union before it is allowed to register with the Ministry of Labour. It also stipulates that only one union may exist per workplace. The existing law did not require a minimum number of members to set up in a single workplace, and did not limit the number of unions.

“It seems to lock many out from creating unions,” Pav Sina, president of the Collective Union of Movement of Workers, said.

The rule could lead to wide-scale dominance of government-loyal unions and seriously hamper those that are independent, Cambodian Confederation of Unions president Rong Chhun said.

In October 2014, the Interior Minister Sar Kheng indicated to factory owners and investors that he would work with the Labour Ministry to push through the draft Trade Union law to give the government more control over unions and the courts’ power to revoke the registration of unions deemed to be acting illegally.

Six killed, 38 hospitalised and 23 arrested in police crackdown on protest for workers’ rights20-10-2014

On 2-3 January 2014, the government of Cambodia used lethal violence to quash strikes and demonstrations that erupted after the government announced a new minimum wage far below what government-supported research suggested was an adequate wage.

Most garment workers are mired in poverty even after working excessively long hours. The protestors were seeking an increase of the monthly minimum wage to $160, state protection of labour rights and the right to freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
.

Heavily armed police and soldiers mobilised, killing six and hospitalising at least 38.

The government has since established a committee to investigate the killings and injuries, but as it lacks independence few expect any meaningful results. To date, the government has failed to provide compensation to the victims and the families of the dead.

Additionally, 23 workers were arrested for participating in the strikes and demonstrations and charged with the criminal offences of aggravated violence, damage to public property, and insulting civil servants, among other charges.

Despite repeated appeals from the UN, NGOs and trade unions, 21 workers remained in prison for nearly six months, denied bail despite the fact that some of the workers required urgent medical attention arising from injuries sustained from being beaten by police during the protests. One of the detainees died from his injuries in May 2014. Another accused, Meas Nun, was a minor throughout his detention and suffers from a developmental disability.

The workers were tried in a legal process rife with serious procedural irregularities that undermined their right to a fair trial. As late as 28 April 2014, the families of the accused reported that, although they had been detained for months, police had only questioned four of the accused.

On 30 May, the government sentenced all 23 (plus two more involved in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in November) to between four to five years’ imprisonment. However, due to international pressure, the sentences were suspended and all of them are free. Nine of them then went to receive medical care in Thailand for injuries sustained during the protests, paid for by rights group Licadho.

The UN High Commission for Human Rights in Cambodia and the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
jointly stated that, “[we] are concerned about the criminal conviction of all 25 individuals, in view of the apparent procedural shortcomings in all three trials and the lack of evidence establishing direct responsibility of the individuals for the actions of which they were nevertheless found guilty. Furthermore, in a number of cases, the evidence indicates that individuals were arrested when simply exercising their fundamental rights to freedom of expression and peaceful assembly, while defending workers’ socio-economic interests.”

Unions remain concerned that the convictions will be used as a tool to limit or prohibit their future exercise of the right to associate lest they be imprisoned.

On 20 October 2014, the Phnom Penh Post reported that many of the 23 workers arrested over the January strikes were broke and out of jobs. Some claim they have been excluded from the garment sector completely. One of the convicted, Ros Sophorn, stated that he had applied to more than 20 factories since his release and had been rejected by all.

Ros said: “I’ve applied for jobs with garment factories, but they say my name was rejected because I was detained in the prison and other factories would not accept men because they are afraid they will start protests. I think my name was blacklisted, that’s why no factory accepts me.”

Further, 170 factories, represented by the Garment Manufacturers Association in Cambodia (GMAC), filed a court complaint against the union leaders for their alleged involvement in the 10-day strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The complaints included claims of intention violence in aggravating circumstances during the January strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

In October 2014, the Minister of Labour Ith Sam Heng indicated that he would encourage the factories to drop the criminal complaints.

Leader of biggest independent union ordered not to meet with workers, engage in public activities30-09-2014

In September 2014, Ath Thorn, president of the Coalition of Cambodian Apparel Workers’ Democratic Union (CCAWDU), was placed under judicial supervision by the Phnom Penh Municipal Court.

The court’s decision was made a day after Thorn joined demonstrations calling for $177 monthly minimum wage for garment workers.

Thorn is on trial for charges of causing intentional violence, making threats, destroying property and obstructing traffic. The charges relate to his alleged role in three different union actions: the January 2014 protests in special export processing zones where six were killed; the April 2014 protests against SL Garment Processing; and minimum wage protests on 18 September 2014.

Thorn was already under orders not to join gatherings or meet with union members. Those orders were made by the Phnom Penh Municipal Court in April 2014, and required Thorn to stay away from the SL Garment Processing factory and to avoid public gatherings that could “damage public order”. He is alleged to have breached those orders by taking part in protests on 18 September.

“If I cannot lead workers or meet with them, then what can I do? As a president of a union, this is serious punishment for me,” he said.

This followed an earlier decision of the court to require Thorn to post a $25,000 bail in order to stay out of pre-trial detention.

Thorn is the third union leader to be subjected to a court order prohibiting participation in public gatherings until their trial concludes.

The CCAWDU is the largest independent trade union in Cambodia.

Bus company fires 17 employees for forming union, rejects court order to reinstate 1504-07-2014

Sorya Transportation, a bus company based in Phnom Penh, fired 17 employees for trying to form a bus drivers’ union at the company in April 2014.

More than 60 people went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
following the sackings, demanding reinstatements, a salary rise and several other points. Most drivers later returned to work, leaving only those who had been terminated to continue protesting.

The vice president of the bus driver union, Yem Kuyba, filed a lawsuit with Phnom Penh Municipal Court in April, which was forwarded to the Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council.

On 4 July 2014, the Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council ruled that the bus company must rehire 15 workers and pay benefits according to the law to the other two.

Sorya Transportation general manager Chan Sophanna said he would only rehire the workers if the council helped him pay their salaries.

“If I accept them back, who will help me to pay their salary? If [the Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council] helps me pay their salary, then I will agree with them,” Sophanna said. “I do business to make a profit, not lose money, so if they try to force me to accept this, I will appeal to a higher court.”

Widespread harassment of workers for union activity30-06-2014

In June 2014, international trade union groups reported that approximately 200 workers had been fired since January 2014 for their involvement in trade union activity. While some have been reinstated, many remain dismissed.

Smart Tech, a bicycle factory in Bavet City, fired 45 workers for their involvement in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for better pay and conditions. In April 2014, it also paid workers $50 for not participating in a particular strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. It was one of many factories in special economic zones in Svay Rieng and Kampong Cham to have made the payment. One employee indicated:

“The factory also promised us that if we do not protest for another three months we will get $25. So we will not protest or strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, but if other workers [at my factory] protest, I will join them.”

Civil and criminal complaints have been lodged by garment manufacturers against unions which protested the inadequacy of the minimum wage even though there is no evidence that the targeted unions (all of which are independent of the ruling party) either called for or condoned any of the property damaged cause – likely caused by pro-government provocateurs.

Additionally, garment manufacturers have harassed unionists by lodging baseless claims. In May 2014, a newspaper reported that 17 labour activists had been detained since February 2014, including nine in the week leading up to 24 May 2014.

“Despite assurances from the government in February, there have since been unprecedented levels of intimidation, violence, and a declining respect for the rule of law, which together constitute a grave attack on union and worker rights,” said Jyrki Raina, secretary general of In-dustriALL, in a statement.

Six union representatives charged over protest to scare others from organising 06-05-2014

On 6 May 2014, the Kompong Speu Provincial Court charged six union representatives with incitement over a protest near the Wing Star Shoes factory that day, in a move unions say was unjustified and meant to intimidate.

Court prosecutor Keo Sothea said all six were charged with threatening to commit a crime and inciting a felony for allegedly encouraging the factory workers to block a road during their protest for back pay back pay Wages or benefits due an employee for past employment. Often awarded when the employee has been unfairly dismissed. Not to be confused with retroactive pay (delayed payment for work previously done at a lower wage rate). and more benefits.

The men were arrested while setting up loudspeakers for the protest.

Sath Chheang Hour, president of the Cambodia National Confederation for Labor Protection, said all seven were officers in two partner unions. Four of the arrested men belonged to the Khmer Worker Power Federation Union, and two belonged to the Cambodia Solidarity Union Federation. The unions said the arrests were clearly meant to scare them out of organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. legitimate strikes.

“The government is afraid and concerned about the wave of worker protests since they can’t stop it,” said Chea Mony, president of the Free Trade Union of Workers of the Kingdom of Cambodia.

Force used to end Veng Sreng strike02-05-2014

On 2 May 2014, paramilitary forces from Brigade 70 broke up a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
of 100 employees at Pemir Garment Factory on Veng Sreng Boulevard.

The workers were demanding a lunch bonus and an end to forced overtime.
Cheng Sophavy, an officer at the Collective Union of Movement of Workers (CUMW), said:

“They did not settle with workers; they deployed paramilitary forces instead. They do so to discourage us and force us back to work.”

Worker representative Chan Saban, 21, said: “We protested without any brute force, so using soldiers to crack down is not right.”

May Day event not sanctioned; Ministry threatens – and uses – force to disperse gathering 02-05-2014

Around 20 unions requested permission from the Phnom Penh City Hall to stage a gathering at Freedom Park on 1 May 2014. The request was denied.

According to a Ministry of Interior spokesperson, “The authorities would not give permission because it would affect our security.”

“If they are stubborn, they have to bear the consequences” and “be responsible before the law,” he said, indicating that force may be used to disperse any gathering at Freedom Park on May 1.

A spokesperson from the City Hall indicated that the authorities did not authorise the gathering because they were still investigating the January violence at the venue.

On 2 May 2014, the Phnom Penh Post reported that police and security forces injured at least five people at a Labour Day rally next to Freedom Park. The injuries occurred when the police and security forces (some in civilian dress) violently broke up the rally using batons and cattle prods.

More than 1,500 people had gathered around Naga Bridge on Norodom Boulevard at about 9 a.m. to voice demands for better working conditions and wages, and to greet the arrival of opposition leaders Sam Rainsy, Kem Sokha and Mu Sochua.

At about 10 a.m., after the Cambodia National Rescue Party leaders had left, more than 100 helmeted Daun Penh district security guards, along with municipal police and plain-clothed men wielding wooden batons, metal poles and cattle prods, were deployed to disperse the thinning crowd.

On Street 108, security guards were seen beating people over the head with batons at random. One man was dragged off his motorbike and beaten on the ground by a crowd of district security guards in front of journalists and NGO workers.

Union registrations stalled30-04-2014

In April 2014, Human Rights Watch raised concerns that the Cambodian government has sharply limited registrations of unions. Human Rights Watch’s findings are based on official government license registrations since 2011 and interviews with union leaders and representatives.

Independent union independent union A trade union that is not affiliated to a national union. Can also be a union that is not dominated by an employer.

See yellow union

federations have raised concerns about a de facto suspension of union registration. This was supported by Labour Ministry data that suggested a dramatic reduction in union registrations in December 2013. Officials could provide no information on new registrations in 2014, but said between 50 and 60 applications were pending. Under Cambodian law, the ability of unions to operate is severely curtailed without official registration.

The slowdown in union registrations may reflect revisions being made to the regulation on union registration, Prakas 21, Human Rights Watch said. Union representatives told Human Rights Watch that ministry officials were not accepting applications for union registration or union leadership changes while registration procedures were being revised. They said the government has not consulted with federations about changes to the regulation.

Recent demands made by government regulators on union federation officials suggest that Cambodia’s Labour Ministry is placing unnecessarily burdensome procedures on union registration and leadership changes. Among these are obtaining a certificate from the Ministry of Justice proving that each union representative has no criminal record, which could be a prolonged process.

Proposed union representatives awaiting this certificate are often at risk of retaliation from factory management, independent unions told Human Rights Watch. Further extending the waiting period increases the risk of harassment and possible firings.

200 workers protest against discrimination against union members08-04-2014

On 8 April 2014, 200 workers at Banjamat Construction Company went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and protested in front of the factory in Kampot province, demanding major pay increases and for fired unionists to be reinstated.

Ty Yann, secretary of the Building and Wood Workers Trade Union Confederation (BWTUC), said workers were protesting against the company’s discrimination against union members.

Banjamat employees and BWTUC leaders, Chhun Pov and Tep Mao, were fired in November 2010, just one month after forming a union. Yann said the remaining employees had feared similar treatment ever since.

“In fact, the court and Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council ordered K Cement factory to reinstate the workers ... but the company did not agree. It makes other workers fear that the company discriminates against the union,” Yann said.

Police brutality12-11-2013

On 12 November 2013, workers, employed at SL Garment, marched to the Prime Minister’s residence demanding better pay and working conditions. Heavily armed police responded by using live bullets and tear gas to disperse the marchers. A woman who was selling rice at the side of the road was shot and killed. The Prime Minister argued that protests would put the garment industry under risk by encouraging companies to relocate to countries with lower labour costs.

Physical assaults against trade unionists16-08-2013

A gunman opened fire against 1,000 workers from three different factories who were demonstrating in favour of better working conditions. The alleged perpetrator Chhouk Bandith, governor of the Bavet region, was charged with “unintentional injury”.

Acts of anti-union discrimination16-08-2013
Dismissal for participating in a strike30-07-2013
Violation of collective agreement30-07-2013
Sanctions against strike action30-09-2012
No civil service unions28-12-2011
Labour relations undermined by corruption24-12-2011

Branch union representatives are occasionally offered large sums of money to join the ranks of a yellow union yellow union A union set up and/or controlled by the employer to prevent the establishment of a genuine trade union. during labour disputes, as seen during the Cambrew strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
(see violations section). In some instances, when workers whose union rights have been violated receive a favourable ruling from the Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council, such as reinstatement following an unfair dismissal, they are offered money to renounce these rights. Huey Chen is one of the companies that deployed this tactic in 2011 (see violations section).

Several sources report that regular and non-official payments are made by Ministry representatives to the leaders of yellow unions or unions close to the government. Although it is difficult to independently verify this information, these alleged payments may go some way towards explaining the proliferation in the number of trade union federations in Cambodia, which is weakening the quality of worker representation.

Yellow unions23-12-2011

The establishment of yellow unions is another tactic widely deployed by companies to prevent the emergence of genuine worker representation. These yellow unions or unions close to the government have no difficulty registering their organisations, unlike independent unions. The latter often have to wait over a year to be registered whilst yellow unions are registered within a day or two. Workers are often placed under heavy pressure to join yellow unions.

Subcontractors fiercely opposed to unionisation22-12-2011

According to the Coalition of Cambodian Apparel Workers’ Democratic Union (C.CAWDU), over half of all garment factories are subcontractors working for export manufacturers. Most of these subcontractors are fiercely opposed to the formation of unions and do not respect the labour legislation. Some of these factories use child labour.

Still no labour courts20-12-2011

Labour courts have still not been set up, despite being provided for in the Cambodian Labour Law (1997). Any legal action has therefore to be taken before a civil or criminal court, which is often a lengthy process (up to eight years in some cases).

The Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council, a tripartite body created under the labour legislation, has effectively taken the place of labour courts. It is widely respected for its even-handed and impartial investigations and rulings, but employers found to have engaged in anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

usually appeal against the Council’s decisions in the provincial courts. Moreover, employers often choose not to apply the Council’s recommendations.

An agreement was signed in 2010 between six major union confederations and federations and the Garment Manufacturers Association in Cambodia (GMAC). It stipulates that in the absence of a collective agreement at a company, the parties shall accept the binding recommendations of the Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council in rights disputes, and where there is a collective agreement, any dispute regarding its application shall also be the object of binding arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
. The agreement came into force on 1 January 2011.

One hundred and sixty six of the 191 cases handled by the Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
Council in 2011 involved the garment sector. Twenty seven percent of the Council’s decisions were not implemented, including at least eight ordering employers to reinstate unfairly dismissed union leaders.

Intimidation used to stop strikes and demonstrations 31-12-2010

Unions planning to hold a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
or demonstration often face intimidation. They can, for example, be threatened with prosecution: there is a growing trend among employers of taking trade union representatives to court in the event of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and demanding the payment of astronomical sums supposedly in compensation for the losses incurred during the work stoppage. The heavy presence of armed police, ready to use force, is another method used to intimidate striking workers, even though violent strikes are very rare.

Collusion between some employers and the police can be enough to dissuade workers from going on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Many workers’ demonstrations are cancelled owing to acts of intimidation and harassment by employers or the local authorities, which are often closely linked.

Trade union rights violated with impunity 31-12-2010

In spite of some progress thanks to initiatives such as ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
projects and the efforts of certain international buyers, working conditions and respect for trade union rights in the clothing industry (Cambodia’s biggest sector) are still poor, particularly in subcontracted operations.

In many factories, trade unionists continue to face serious repression, including death threats, dismissals, blacklisting, false charges to bring them before the courts, wage deductions and exclusion from promotion, etc. The government very rarely prosecutes or imposes penalties on employers for anti-union practices. Labour inspectors are poorly trained and, given their low pay, are open to bribery.

The Coalition of Cambodian Apparel Workers Democratic Union (C.CAWDU) reported the suspension or dismissal of 257 of its trade union leaders during 2010. In the case of the Free Trade Union of Workers of the Kingdom of Cambodia, the total reaches 65 (32 of whom are women), and includes ordinary members. The FTUWKC also reported physical attacks and threats against six of its members and trade union representative during 2010.

Short term contracts becoming widespread and weakening trade unions 30-11-2009

Many permanent contracts are being replaced by short term contracts (one to six months) allowing employers to avoid applying labour legislation. Furthermore, workers are reluctant to join unions for fear of not having their contract renewed. The government has proposed amending the legislation to enable enterprises to employ workers indefinitely on short term contracts rather than the de facto two year limit. In face of the many protests the proposal provoked, the amendments had not been adopted by the end of 2009.

Social dialogue often difficult30-11-2009

Collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is dogged by difficulties and few unions have managed to conclude an enforceable agreement. Management at Tack Fat Garment refused to meet trade union representatives from the Coalition of Cambodian Apparel Workers’ Democratic Union (C.CAWDU) between February and October after is suspended 1.823 workers without paying them due compensation. The union coalition wanted to find a compromise.

Strikes repressed30-11-2009

Although the government generally tolerates strikes, when the police are called on to intervene they do not hesitate to use violence and make arrests. Company security guards and hired thugs are also responsible for violently repressing strikes. Furthermore, the connivance between some employers and the police can be enough to dissuade workers from going on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

Parody of justice18-02-2009

On 31 December 2008, the Supreme Court of Cambodia finally ordered the release (on bail) of Born Samnang and Sok Sam Oeun, who had spent nearly five years behind bars, falsely charged with murdering the leader of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) Chea Vichea (see the 2009 edition of the Annual Survey). It also sent the case back to the Court of Appeal to be retried. On 17 August the Court of Appeal decided that the two men could remain free on bail and that the case should be re-examined, but without specifying which court would be responsible.

On 18 February, the Court of Appeal confirmed the 15-year prison sentence handed down to Chan Sopheak (also known as Thach Saveth) for the murder of Ros Sovannareth, also a leader of the FTUWKC. He was sentenced in 2005 in a trial that violated the most basic standards for a fair trial.

© ITUC-CSI-IGB 2013 | www.ituc-csi.org | Contact Design by Pixeleyes.be - maps: jVectorMap