Relevant Legislation
The Government of Cambodia, Cambodian Labor Law (1997)2
Definition/Purpose
Article 96 of the Cambodian Labor Law sets out the scope and purpose of collective bargaining agreements in Cambodia, stating that:
The purpose of the collective agreement is to determine the working and employment conditions of workers and to regulate relations between employers and workers as well as their respective organizations. The collective agreement can also extend its legally recognized roles to trade union organizations and improve the guarantees protecting workers against social risks.
Interaction with National Legislation and Contractual Agreements
Article 98 of the Cambodian Labor Law provides that collective bargaining agreements may offer terms that are more favorable in effect towards workers than those contained in the national labor legislation. In the event that a labor contract negotiated between an employer and employee contains terms that are less favorable to the employee than those contained in an extant collective bargaining agreement, they will be nullified immediately and replaced with the provisions of the relevant agreement [Article 98]. Collective agreements must not contravene public order provisions as outlined in the national legislation.
Negotiation and Signing of Collective Agreements
Cambodian legislation specifies that a collective agreement must be signed by an employer or group of employers, or one or more organizations who are acting as a representative for the employer/s, and on the other hand, one or more trade unions that act as representation for the employees [Article 96]. Article 96 provides that during transitional periods where a trade union representative does not exist to act on behalf of workers, then the collective agreement may be negotiated instead between the employer and the ‘shop stewards who have been duly elected as per the condition of Section 3, Chapter XI’ of the Labor Law.
Implementation and Duration of Collective Agreements
Article 96 stipulates that collective bargaining agreements may be either for a specified or unspecified term. In the case where the duration of the agreement is defined, the Cambodian Labor Law stipulates that it must not exceed three years and that it shall remain in effect following the expiration of the time period unless cancelled (a period of three months notice is required before cancellation). Where the duration of the agreement is undefined, it may also be cancelled, however the party who seeks to cancel the agreement will continue to be bound by its terms for a period of one year after notification of intention to cancel is received. The notice of cancellation ‘does not prevent the agreement from being implemented by the other signatories’.
Content
Collective agreements must set out the exact scope of their application. According to Article 96, the agreement may cover ‘an enterprise, a group of enterprises, an industry or branch of industry, or one or several sectors of economic activities’. Moreover, the Labour Law specifies that the collective agreement must apply to ‘all employers concerned and all categories of workers employed in the establishments as specified by the collective agreement’ [Article 97]. Finally, Article 98 stipulates that the terms contained in the agreement may be more favorable to workers than provided for in national legislation.
Endnotes
2 Cambodian Labour Law, 1997, available at http://www.gocambodia.com/laws/labor_law.asp (accessed 16/05/11).
