A/HRC/45/51/Add.1
c)
suspending the payment of seniority indemnity for workers until 2021;
d)
advising landlords not to terminate lease agreement or expel tenants due to the
late payment;
e)
exempting Property Stamp Tax from the purchase of houses worth below
70,000 USD to maintain the construction sector.
96.
Noticeably, the Government of the Kingdom of Cambodia has so far spent
approximately USD8 million as the financial support to 184,470 suspended workers. And as
of 26 July 2020, the Ministry of Labour and Vocational Training has also conducted softskill training to 41,316 suspended workers.
Paragraph 66 and 93(e)
97.
The Government of the Kingdom of Cambodia took note of the comments from the
Special Rapporteur on the amendment of the LTU. However, we would like to provide the
background of this amendment as follows:
98.
To ensure the freedom of association and social dialogue in accordance with the
international standards and ILO’s recommendations, the Government amended 10 articles (3,
17, 20, 21, 27, 28, 29, 54, 55 and 59) of the LTU.
99.
The Government made this amendment for the purposes to (i) promote and broaden
the freedom of association of domestic workers, (ii) facilitate the procedures and formalities
of trade union registration and maintaining registration, (iii) facilitate the requirements to
acquire the most representative status (MRS) and (iv) promote the rights and duties of
minority worker unions.
100. On 25 April 2019, the Ministry of Labour and Vocational Training (MLVT) organized
a national tripartite-plus consultative workshop on the Draft Amendment to the LTU under
the technical support from the ILO, in which 166 federation unions, the American Center for
International Labor Solidarity’s representatives (ACILS), the Arbitration Council
Foundation’s representatives (ACF), 30 employers’ representatives, 15 relevant ministries’
representatives were invited and 178 attended. MLVT presented 10 amendments to the LTU
to reflect the principles laid out in the ILO conventions 87 and 981. The MLVT has taken
note of the concerns and certain inputs from relevant parties to review and revise the draft.
101. On 31 May 2019, the MLVT received the written comments from trade unions on the
10 proposed amended articles with additional requests to revise 5 more articles2 and add a
new article. The Cambodian Federation of Employers and Business Associations
(CAMFEBA) has provided their comments on the 10 proposed amended articles.
102. The MLVT seriously considered the comments/concerns to the first draft amendment
of the LTU provided by the relevant stakeholders during and after the first tripartite-plus
consultative workshop in April 2019. Therefore, the MLVT used those comments/concerns
as the inputs for further revising this draft amendment before putting it for the second
tripartite-plus consultative workshop on 02 August 2019 under the technical support from
the ILO. Under this new draft amendment, the LTU was modified as the following:
•
Article 3 (new): Article 3 of the LTU was amended to make the scope of
coverage of the LTU to be the same as that of the Labor Law. This amendment is
made to realize the commitment of the Government of the Kingdom of Cambodia to
provide same rights and protection to domestic workers as other formal ones.
•
Article 17(new) : To address the concerns of some trade unions with regard to
the submission of trade union financial report, Article 17 of the LTU was amended to
require the trade unions to have their financial reports audited by an independent audit
firm only when there is a request from its member(s) or donor(s).
•
Article 20(new) : The MLVT heard the concerns of stakeholders relating to
the requirements for being trade union leaders as well as the persons responsible for
the administration of trade unions in an enterprise/establishment. Taking those
concerns into consideration, the amendment of this article was made to remove Point
(c)- (make a self-declaration that they have an educational level, at least being able to
18
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