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LABOUR
LAW
 
 
FOREWORD
 
The history of Cambodia has indicated that the development of the labor law has evolved through five main stages as follows:
 
1. Pre-independence era:
 
  • Social measure were taken to gradually eradicate slavery pursuant to a
    Decree of February 1, 1898 with completely abolished slavery.

  • 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.

  • 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.
2. Post-independence era to 1970:
  From 1953 onward, significant events have marked this era:
  • 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.

3. From 1970 to 1975:
 

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:

  • The Khmer Republic ratified its membership to the International labor Organization by Decree No 467/71 CE of April 7, 1971 which became effective on February 24, 1969.
  • The complete overall of the labor administration through Decree No
    701/707 CE of October 31, 1970.
  • The determination of detailed responsibilities for technical officials working
    for the field of labor.
  • The establishment of roles and responsibilities of the Ministry of Labor Social Affairs and Employment.
  • The drafting of a new Labor Law.
  • The ratification of various International Labor Conventions.
4. From 1979 to 1992:
 
  • One should note that during the period 1975-1979 Cambodia fell under the
    genocidal Pol Pot regime where all the previous national achievements
    were completely shattered and Cambodia people brutally massacred.

From 1979 to 1992 some important events took place:

  • 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.
5. Form 1993 to present:
 
  • 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.
  • 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.
  • 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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