CHAPTER XVII
LABOUR COURTS

 
 
 
Article : 387
 

Labour Courts shall be created that have jurisdiction over the individual disputes occurring between workers and employers regarding the execution of the labour contract of the apprenticeship contract.

Article : 388
 

The organization and functioning of the Labour Courts shall be determined by law.


Article : 389
 

Pending the creation of the Labour Courts, disputes regarding the application of this law shall be referred to common courts.


 
CHAPTER XVIII
TRANSITIONAL PROVISIONS
 
Article : 390
 

The provisions of this law are lawfully applicable to current individual labour contracts. However, workers are entitled to continue enjoying benefits granted them they their present contract when these benefits are more favorable than those they would have under this law.

The provisions of this law cannot be a reason for terminating a contract.


Article : 391
 

Any clause in a current contract that does not conform to the provisions of this law must be modified within six months from the promulgation of this law.

Article : 392
 

In a transitional period and until a date that shall be set by a Prakas of the Ministry in charge of Labour, all workers’ unions can nominate candidates to the first round of shop steward elections without needing to prove their representative ness.

During the above period, the professional organizations of workers and employers claiming to be representative in their professional and geographic area can sign collective agreement will be end, at the latest, within one year after the date that the Prkas referred to in the first paragraph is published. Any renewal of the agreements or any new agreements can be made only within the framework of Article 96. While waiting for professional organizations to be recognized as representative at the national level, the Minister in charge of Labour shall select prominent figures credited with the special merits in the domain of social affairs or in the area of occupation and employment to occupy the seats reserved for representatives of workers and employers.


Article : 393
 

In the absence of the post for Labour Inspectors, Labour Medical Inspectors and Labour Controllers, officials who are appointed to conduct inspections by the Minister in charge of Labour shall carry out the functions and the duties of the Labour Inspectors, Labour Medical Inspectors and Labour Controllers as stipulated in this law.


Article : 394
 


Workers’ union and employers’ association that have already been created before this law coming into effect, must again complete the formalities in conformance with the provisions of this law.

 


 
CHAPTER XIX
FINAL PROVISIONS
 
Article : 395
 

All provisions contrary to this law shall be abrogated.

Article : 396
 

This law shall be declared as matter of great urgency.

This law was adopted on January 10, 1997 by the National Assembly of the Kingdom of Cambodia during the 7th session of its legislature, and promulgated on March 13, 1997.

Phnom Penh, March 13, 1997

In the King’s name and by the royal order


Chea Sim
Acting Head of State




 
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