A/HRC/45/51/Add.1
read and write Khmer language) - and Point (d)- (make a self-declaration that they
have no misdemeanor or felony conviction) from the list of requirements for
Cambodian workers to become a trade union leader or person responsible for
administration of trade union. Furthermore, the amendment also allowed the minors
to become the trade union leaders or person responsible for the administration of a
trade union so long as they have been emancipated. This means that Cambodian
workers will meet the requirements for the abovementioned positions if they are
a)- at least 18 (eighteen) years old or the minors who have been emancipated, and b)make a self-declaration on a specific residential address.
103. Likewise, Point (d)- (make a self-declaration that they have no misdemeanor or felony
conviction) is also no longer the requirement for a foreigner who wants to hold the
aforementioned positions in the trade union.
•
Article 21(new) : Similar to the amendment of Article 20 of the LTU, the
Article 21(new) of the LTU does not require either the Cambodians or foreigners who
want to hold the position as the leader or person responsible for the administration of
an Employer Association to make a self-declaration that they have no misdemeanor
or felony conviction.
•
Article 27(new) : Based on the comments from all relevant stakeholders, this
Article does not require an audit to the financial report of a trade union anymore. Such
audit, if it is to happen, would only be made by an independent auditing firm and when
there is request from member(s) or donor(s) of that trade union.
•
Article 28(new) : Unlike the old provision, under the amendment of this
Article, a [local] trade union would not be automatically dissolved when there is a
definitive closure of the enterprise or establishment unless that enterprise or
establishment has cleared all benefits to its workers.
•
Article 29(new) : To address the concerns of stakeholders regarding the
reasons that the Labour Court can use to dissolve a trade union, Article 29 of the LTU
was amended by deleting Point c) – (leaders and persons responsible for the
administration are found guilty of committing a serious offense in the capacity of the
worker union or employer association).
•
Article 54(new) : Under the amendment, Point (c) of Article 54 of the LTU
was amended from [c. having the most members with membership identification cards
and a proper name list of membership or having received the largest number of votes
in the enterprise or establishment as follows :] to [c. having the list of the most
members from whom union dues have been deducted or having received the largest
number of votes in the enterprise or establishment as follows :]
•
Article 55(new) : Article 55 was amended as follows:
In a profession or an economic activity or a sector where there are many worker
unions, these worker unions shall seek the most representative status recognition by
satisfying the criteria stipulated in points “a” and “b” of Article 54 (The Most
Representative Status at the Enterprise or Establishment Level) of this law, plus an
additional criterion of having the list of 30% members from whom union dues have
been deducted in the profession or economic activity or sector wherein they apply for
the certification of the most representative status. […].
The phrase “[…] having the most members with proper membership identification
cards of all workers […]” in the old Article 55 is replaced with the underlined one.
•
Article 59(new) : Following the comments from stakeholders, Article 59 of
the LTU was amended by adding Point (i)- (representing its members in collective
labour dispute settlement not arising out of collective bargaining agreement) to this
Article. The insertion of Point (i) is aimed at avoiding further
confusion/misinterpretation of this Article that minority union does not have the right
to represent workers in collective labour dispute.
104. On top of the 10 amended articles, a few trade unions requested for a few more articles
to be amended. Taking a due note of the principle of tripartism and the social dialogue, the
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