Cambodia

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Cambodias Arbitration Council

• 2nd Regional Conference Training Course for
  Judges Arbitrators Asia Pacific Region
  (Melbourne, Australia)
• 17 June 2012

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Overview

1. Country context
2. Labour dispute resolution institutions
3. Nature of disputes
4. Major issues trends concerning grievances
5. Major challenges future prospects

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1. Country context

• Civil strife
• Cambodian economy
• The garment industry
• US-Cambodia bilateral trade agreement

• Industrial relations in Cambodia today

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2. Labour dispute resolution institutions

• Ministry of Labour, Department of Labour Disputes
• Arbitration Council
• Courts

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2. Labour dispute resolution institutions
Arbitration Council

• State institution established by law to resolve
  collective labour disputes.
• Started in 2003
• Expertise in mediation and arbitration of labour
  disputes
• Also provide training on dispute resolution to
  employersworkers

• Main features
• Tripartite each case resolved by a 3-member
  panel (one arbitrator selected by the employer,
  one by the employee, and the other one by the two
  chosen arbitrators)
• Open predictable reasoned and consistent
  decisions, shared with the parties and the
  public. Decisions are compiled in hard copy and
  also available at www.arbitrationcouncil.org.
• Speedy most cases processed within 15 days
  parties decide if extension of the period is
  needed.
• Advisory or binding parties choose whether to be
  bound by AC decisions.
• Free of charge All services are provided to
  users for free.

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2. Labour dispute resolution institutions
Arbitration Council

• Helping private sector employers and their
  staff/workers avoid losses through mediation and
  arbitration of more than 1,200 cases since 2003,
  and thus contributing to promoting good
  investment climate in Cambodia.

• Number of cases trends up, while number of
  strikes in the garment industry trend down, as at
  the end of 2011

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2. Labour dispute resolution institutions
Arbitration Council

• Sectors using the services include the garment,
  hotel and hospitality, construction, other
  manufacturing and services.

• Dispute resolution services acceptable to users
  Binding arbitration of disputes over labor
  rights agreed in an MoU between Garment
  Manufacturers Association in Cambodia and union
  federations signed in September 2010.

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3. Nature of disputes

• Individual disputes vs. collective disputes
• Rights disputes vs. interests disputes

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4. Major issues trends concerning grievances

• Differing interpretations of Labour Law
  provisions concerning employment contracts
• Trop grievances before the Arbitration Council
• Emergence of interests claims in the garment
  industry since the outset of 2012

• Arbitration increasing, strikes decreasing

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5. Major challenges future prospects

• Financial sustainability

• Lack of strong collective bargaining tradition

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• Thank You!
• W www.arbitrationcouncil.org
• E info_at_arbitrationcouncil.org
• Tel [phone]