|
| |
- 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.
|
|
|
| |
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.
|
|
| |
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.
|
|
|
| |
- 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. |
|
| |
- 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 |
|
|