| 1. Pre-independence
era: |
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Social measure were taken to gradually
eradicate slavery pursuant to a
Decree of February 1, 1898 with completely
abolished slavery.
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The very legal measure to govern the
relationship between employers and employees
were in initiated under the 1920 Civil
Code within which a labor contract was
required for the employment of workers.
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Further detailed regulations on contact-related
employment were
issued in a 1927 Sub-decree to establish:
- a 10 hours workdays.
- materials requirement for living
conditions.
- A Joint Decree covering Indochina
establishment:
- the labor Inspectorates in 1927.
- the Reconciliation Committee for
individual and collective
labor disputes between workers, employees
and employers in
1930 and 1932.
In 1936 the Government of Cambodia drafted
and enacted 3 laws to
Regulate three different categories of
people involved in the labor filed:
- the Decree of December 30, 1936
covering Indochinese people
and other in the same classification.
- the Decree of February 24, 1937
covering European and others
in the same classification.
- the Royal Ordinance No 84 NS of
May 20, 1938 expanding the
coverage to overseas Cambodia.
These 3 laws have significantly marked
a turning point in the historical
Evolution of the Cambodia Labor Law.
- The Regulation on liberalized on
liberalized agricultural labor
taking effect in 1942.
- In 1947 the Royal Decree 375 NS
of October 30, 1947
abrogated the 1938 Royal Ordinance
and imposed the
implementation of the French labor
regulations on Cambodia
nationals while Cambodia labor regulations
was being drafting.
Meanwhile, a Cambodia Inspectorate and
a Social Affairs Office were established
under the Ministry of Information and
Social Affairs.
- After the singing the French-Cambodia
Treaty on November 8, 1949, French
labor inspectorates were officially
transferred to the Cambodia Government
and the Ministry of Labor
and Social Affairs was establishment
in 1951 by a Royal Decree No 651 NS
of December 26, 1951.
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| 2. Post-independence
era to 1970: |
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From 1953 onward,
significant events have marked this era:
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The transfer of the administration of
the Cambodia courts from the French Administration
to the Cambodia Government on August 29,
1953 and the organization of labor services
which was establishment and subsequently
strengthened. The Ministry of Labor and
Social Affairs was also gradually reorganized.
Various other legal documents were also
use to broaden the scope of the Labor
Law.
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| 3. From 1970
to 1975: |
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The year of
1970 saw an important change when the labor
administration of the Khmer Republic amended
the Labor Law. Several major events of significant
importance took place that time, namely:
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| 4. From 1979
to 1992: |
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From 1979 to 1992 some important events
took place:
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The Social Affair Committee, an institution
equivalent to that of a ministry,
was established pursuant to Decision No
07 of October 24, 1979 in order
to deal with issues related to social
affairs such as: disabled veterans,
orphans, windows and indigent elderly.
-
The Ministry of Social Affairs and Disabled
Veterans was established by
Decree No 19 Kr.ch. of March 5, 1985 to
supplant the Social Affairs
Committee and to take charge of pensions
for disabled officials, orphans of
Deceased officials, armed force personnel,
compensation settlement for
Disabled veterans and supplementary income
for families or dead soldiers.
-
The Ministry of Social Affair and Labor
was established by Decree No 53
Kr. Of May 2, 1992 to take additional
responsibilities in the labor sector
Pursuant to the labor law which was enacted
by the National Assembly by
Decree No 99 Kr. of October 13, 1992.
We should recall that the 1992 Labor law was
drafted by the Department of
Labor Wages of the Ministry of Planning and
not by the Ministry of Social
Affairs and Disabled Veterans. Only after
the promulgation of the said law by
Decree No 99 Kr. of October 13, 1992 that
the government tasked the
Ministry of Social Affairs and Labor as the
agency to implement this law. |
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| 5. Form 1993
to present: |
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- Cambodia has adopted a democratic and
multi pluralist policy since the
1993 general election.
- The Law No NS/RKM/0196/17 of January
24, 1996 establishment the
Ministry of Social Affairs, Labor and
Veteran Affairs to be responsible for
Three social sectors: Social Affair Labor
and Veteran Affairs.
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In 1994, with the kind support of ILO,
the French Ministry of Labor, and
AAFLI, the Ministry of Social Affairs,
Labor and Veteran Affairs took the
Existing 1992 Labor Law and various other
labor related documents in
Conformance with the 1993 Constitution
as a foundation to draft the new “Labor Law” which was subsequently
promulgated by Royal Decree No
CS/RKM/0397/01 of March 13, 1997.
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The new Labor Law has in many respects
completed the old labor law and
regulations to make its implementation
much more efficient and effective. A particular
attention should be drawn on the fact
that the 1997 Labor Law allows a great
freedom of establishment of trade unions,
rights to strike and to lockout, provisions
which were not available in previous laws.
This law is a very important instrument to
promote better working relationship, individual
and collective bargaining, to resolve individual
and collective labor disputes, and ensure
labor sanitation, safety and general labor
conditions of workers and employees in the
Kingdom of Cambodia.
Cambodia is a state respecting the rule of
law and as such the Ministry of Social Affairs,
Labor and Veteran Affairs appeals to all workers,
employee and employers as well as to labor
officials to strictly implement the Labor
Law for the benefits of all the parties concern.
Phnom Penh, October 25, 1998
Suy Sem
Secretary of State
Ministry of Social Affairs, Labor and Veteran
Affairs |
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