Labour Administration Convention, 1978 (No. 150) - Cambodia (RATIFICATION: 1999)

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Previous comment

Articles 1, 4 and 6 of the Convention. Effective operation of a system of labour administration. Labour inspection. Following its previous comment, the Committee notes the Government’s indication in its report that Sub-Decree No. 52 of 1 April 2005 has been replaced by Sub-Decree No. 283 of 14 November 2014 on the organization and operation of the Ministry of Labour and Vocational Training (MLVT), which establishes three general departments within the Ministry, including the General Department of Labour. The General Department of Labour is composed of five departments on: labour inspection, occupational safety and health, labour disputes, child labour and employment and manpower. Section 15 of the Sub-Decree provides that the department of labour inspection shall be responsible for performing inspections and monitoring the implementation of laws and regulations relevant to general working conditions. The Government also states that there is no dual function between the Department of Labour inspection and the single labour inspection team. The latter is an eight-person team with officers from six ministerial departments (including the five departments within the General Department of Labour), the National Social Security Fund and the Committee for the Resolution of Strikes and Demonstration. This team avoids the burden of multiple inspections from different ministerial bodies, and it is responsible for factory and enterprise inspection once a year, and for compiling a list of inspection activities and a schedule of inspection visits. The MLVT leads and organizes the inspection activities, including joint inspection teams, their functions and priorities. In this regard, the MLVT issued three Prakas with the Ministry of Environment, the Ministry of Tourism, the Ministry of Health and the Ministry of Industry, Science, Technology and Innovation to set up inter-ministerial inspection teams in sectors of manufacturing, agriculture and tourism. The Committee requests the Government to continue to provide information on the inspection activities carried out by the labour inspectorate under the MLVT and by the joint inspection teams including specific information on coordination between the different ministerial departments on this matter. It also requests the Government to provide any available information concerning the number of inspections carried out and the results of such inspections.

Article 5. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. Following its previous comment, the Committee notes the Government’s information on the consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations at the national level. In addition to the institutions provided by the Labour Code and the Law on minimum wages, other mechanisms include the Government-Private Sector Forum, Forum Working Group between the MLVT and employers’ and workers organizations and the Project Advisory Committee for Better Factories Cambodia. The Committee also notes the Government’s indication that the Forum Working Group was established in January 2020 but that due to the COVID-19 pandemic it has not yet met. Noting the information provided by the Government with regard to the arrangements made at the central level,the Committee requests the Government to provide information on the arrangements made, at the regional and local levels, to ensure consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. It also requests the Government to provide information on the functioning of the Forum Working Group once it begins to meet.

Article 9. Delegation of labour administration activities to regional or local agencies. The Committee notes the Government’s reply to its previous comment that the labour inspection in the country consists of the Department of Labour Inspection of the MLVT and 25 Offices of Labour and Vocational Training at provincial level (OLVT). Labour inspectors exercise their competence as provided for by law within their respective jurisdictions. The Committee requests the Government to provide further information on how it ensures coordination between the Department of Labour Inspection of the MLVT and the 25 OLVT at provincial level.

Article 10(1). Training of the staff of the labour administration system. The Committee notes that in reply to the Committee’s previous comment, the Government indicates that, in 2021, trainings provided to the staff of the labour administration system focused on the topic of “labour inspectors to acquire qualifications as judicial police”, related to the mandate of labour inspectors to examine offences under the Labour law and the Criminal Procedure Code. Participants included 266 staff from MLVT and 257 staff from provincial OLVT. The Committee requests the Government to continue to provide information on the training provided to the staff of the labour administration system, including duration of training and subjects covered as well as number of participants for each training session.

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Articles 1, 4 and 6 of the Convention. Effective operation of a system of labour administration. The Committee notes that the Sub-Decree (Anukret) No. 52 of 1 April 2005 on the organization and operation of the Ministry of Labour and Vocational Training establishes three general departments within the Ministry, including the General Department of Labour. The General Department of Labour is composed of six departments on: labour disputes; employment and manpower; social security; child labour; occupational health; and labour inspection. Section 11 of the Sub-Decree provides that the department of labour inspection shall be responsible for performing inspections and monitoring the implementation of law and regulations relevant to general working conditions. The Committee also notes the adoption of the Prakas on the Establishment of a Single Labour Inspection Team (No. 037/14 K.B/Kr.K), of 21 February 2014. Sections 1 and 2 of the Prakas establish an eight-person team with officers from the six departments mentioned above, as well as an officer from the department of job market information and an officer from the committee for the resolution of strikes and demonstrations. Section 3 indicates that the Single Labour Inspection Team has a wide range of roles and duties, including to inspect the implementation of the Labour Law and other legislation on general conditions of labour, workplace safety, labour security and working and hygiene conditions of workers/employees, as well as to meet with shop stewards, conciliate labour disputes, inspect the implementation of social security schemes (including registration and payment of contributions) and to provide technical advice. The Committee asks the Government to clarify the difference between the functions and responsibilities assigned to the department of labour inspection (within the General Department of Labour) and those assigned to the Single Labour Inspection Team and to provide information on the manner in which coordination of the activities of these two institutions is ensured. It also asks the Government to provide further information, in its next report, on the functioning and the activities of the Single Labour Inspection Team; and to provide information on the manner in which coordination of the activities of these two institutions is ensured.

Article 5. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. The Committee notes the Government’s statement that the Ministry of Labour and Vocational Training holds an annual conference, to review the past challenges and set a direction for the next year, to which all concerned stakeholders are invited, including representatives from workers’ and employers’ organizations. The Government also indicates that, in dealing with labour issues, the Ministry performs its duties on the basis of tripartite mechanisms. In this regard, the Committee notes that Chapter XV of the Labour Code establishes a consultative tripartite committee, the Labour Advisory Committee, tasked with studying problems related to labour, the employment of workers, wages, vocational training, the mobility of the labour force in the country, migration, the improvement of the conditions of workers and occupational health and safety. The Committee asks the Government to provide further information on the arrangements made, at the national, regional and local levels, to ensure consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. It asks the Government to provide copies of reports or extracts of reports relating to the tripartite mechanisms referred to in the Government’s report, including any relevant documents on the activities of the Labour Advisory Committee.

Article 9. Delegation of labour administration activities to regional or local agencies. The Committee notes the information in the labour inspection country profile of Cambodia, published on the ILO website in March 2013, that there are 24 labour offices in the country, including at the provincial and municipal levels, and that there are also district offices that are subdivisions of the provincial administrative units. The country profile indicates that while each of these divisions performs labour inspection functions, there is no systematic coordination mechanism on labour inspection between the provinces and the General Department of Labour or between the provinces themselves. The Committee asks the Government to provide further information on the delegation of labour administration activities to provincial and municipal labour offices, and to provide specific information on measures taken to ensure coordination between the General Department of Labour and these offices.

Article 10(1). Training of the staff of the labour administration system. The Committee asks the Government to provide information on the training that staff of the General Department of Labour receive upon taking up their duties and during the course of their employment.

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The Committee notes the Government’s brief report.

In its previous comments, the Committee noted the Government’s communication to the ILO of Anukret No. 52 of 1 April 2005 on the organization and operation of the Ministry of Labour and Vocational Training, as well as a series of documents provided in reply to the questions raised by the Committee in its previous comments. Noting that all of the documents were in the Khmer language, the Committee requested the Government to provide information on their content in relation to the Articles of the Convention. The Committee notes that, in reply to its request, the Government refers to documentation in English annexed to its report on the Anukret. However, the Committee observes that no annexes were received to the Government’s report. The Committee therefore once again requests the Government to provide specific information on the content of Anukret No. 52 of 1 April 2005 in relation to the provisions of the Convention. The Committee would also be grateful if it would provide a copy of the English version of the Anukret.

Part IV of the report form. Application in practice. The Committee would be grateful if the Government would provide a general appreciation of the manner in which the Convention is applied in practice, for example by communicating information on the content of any reports provided by the principal labour administration services and referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158). The Committee also requests the Government to provide information on any practical difficulties encountered in the application of the Convention.

Part VI of the report form. The Committee would be grateful if the Government would indicate, in accordance with article 23(2) of the ILO Constitution, the representative organizations of employers and workers to which copies of the Government’s report have been communicated. If such copies have not been communicated, the Committee requests the Government to indicate the precise reasons for the failure to give effect to this provision of the present Convention.

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The Committee takes note of the Government’s communication to the ILO of Anukret No. 52 of 1 April 2005 on the organization and running of the Ministry of Labour and Vocational Training, as well as of a series of documents provided in reply to the questions raised by the Committee in its previous comments. The Committee notes that the documents are in the Khmer language. The Committee would be grateful if the Government could provide information on the content of the reference documents provided in its report on each Article of the Convention, so that the Committee might assess the level of conformity of these texts with the Convention.

The Committee notes that, in its report under the Employment Policy Convention, 1964 (No. 122), received by the ILO in May 2010, the Government stated that there had been an improvement in the application of labour legislation since the launching of the programme “Better Factories in Cambodia”, despite pressures due to the economic crisis.

The Committee draws the Government’s attention in this respect to the campaign launched by the Director-General of the ILO for the ratification and promotion of fundamental and governance ILO Conventions, including the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). This campaign aims at considerably improving working conditions in all ILO member States, given the major contribution that Conventions on labour inspection can make in this area.

The Committee recalls the resolution on labour administration and labour inspection adopted by the International Labour Conference at its 100th Session in June 2011, which stated that promoting and enforcing decent working conditions, safety and health standards and respect for fundamental rights at work are at the core of labour inspection activities. The Committee would be grateful if the Government would indicate the measures taken, if relevant, with a view to strengthening the labour inspection services and strongly encourages the Government to envisage ratifying Convention No. 81 and Convention No. 129.

[The Government is asked to reply in detail to these comments in 2012.]

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Article 10 of the Convention. Human resources and material means. The Committee notes that the Government’s report specifies the current priorities of the Government, which do not include labour administration; according to the report, the Government recently issued a notification not to recruit new staff unless for the education and health ministries. The Committee recalls that according to Article 10 of the Convention, the staff of the labour administration system should have the status, material means and financial resources necessary for the effective performance of their duties. The Committee would be grateful if the Government would provide more detailed information on the criteria of recruitment, composition, levels of responsibility, specialization, conditions of service and training of the staff of the labour administration system (paragraph 1), and describe the material means, including human and financial resources available to the ministry and its provincial bodies and to specify the proportion of the national budget allocated to labour administration (paragraph 2).

Part V of the report form. Noting the information provided by the Government on the ILO technical cooperation activities under way, the Committee would be grateful if the Government would keep the ILO informed of the impact of these activities on the strengthening of the labour administration system.

The Committee notes that the remainder of the Government’s report repeats information previously provided to the Office. The Committee must therefore repeat its previous comments, which read as follows:

Legislation. The Committee would be grateful if the Government would communicate to the ILO the Anukret No. 52 of 1 April 2005 on the organization and functioning of the Ministry of Labour and Vocational Training referred to in the report.

Articles 4 and 6. Organization of the system of labour administration. According to the Government, coordination of the functions and responsibilities of the system of labour administration is ensured by a “top-down” decision-making system, while information and assistance to provincial offices are provided upon their request from the central office. Coordination of the functions entrusted to the Ministry is ensured by a scheme pursuant to which all departments of the Ministry report to the General Department on Labour on their activities. The Committee also notes in the Government’s report relating to the Employment Policy Convention, 1964 (No. 122), the supplementary information concerning the measures taken to enhance the national employment policy. The Committee would be grateful if the Government would provide more information on the form of interaction between the central and provincial offices of the Ministry, on the type of functions and responsibilities of each of the departments and external structures as well as on the manner these bodies operate in order to perform or to participate in the performance of the tasks defined by Article 6(2). As regards the national employment policy, the Committee would like to draw the Government’s attention to paragraphs 110–127 of the General Survey of 1997 on labour administration and ask it to continue providing information on the measures taken or envisaged according to Article 6(2)(b) and (d), concerning studies to be carried out and services of technical advice to be made available to employers and workers, and their respective organizations.

Article 5. Impact of tripartism. The Committee would be grateful if the Government would specify the issues discussed by the Labour Advisory Committee and indicate the impact of its work on the law and practice related to labour administration issues.

Article 7. Extension of the functions of the system of labour administration. The Committee notes with interest that the Ministry of Labour has been working with the ILO to monitor and improve labour conditions in the informal sector. Drawing the Government’s attention to paragraphs 128–137 of the General Survey on labour administration, the Committee would like to request the Government to provide details on the matters covered by such cooperation, on the results achieved and expected and on any other measures taken or envisaged to gradually extend the functions of the system of labour administration to include categories of workers who are not, in law, employed persons, such as those listed in Article 7(a)–(d).

Part VI. The Committee would be grateful if the Government would indicate whether it has received from the organizations of employers or workers concerned any observations, either of a general kind or in connection with any of the Government’s reports, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention.

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The Committee takes note of the Government’s report, the organizational chart of the Ministry of Labour and Vocational Training and the tables of statistics on labour inspection activities, received on 5 November 2008.

Legislation. The Committee would be grateful if the Government would communicate to the ILO the Anukret No. 52 of 1 April 2005 on the organization and functioning of the Ministry of Labour and Vocational Training referred to in the report.

Articles 4 and 6 of the Convention. Organization of the system of labour administration. According to the Government, coordination of the functions and responsibilities of the system of labour administration is ensured by a “top-down” decision-making system, while information and assistance to provincial offices are provided upon their request from the central office. Coordination of the functions entrusted to the Ministry is ensured by a scheme pursuant to which all departments of the Ministry report to the General Department on Labour on their activities. The Committee also notes in the Government’s report relating to the Employment Policy Convention, 1964 (No. 122), on the employment policy supplementary information concerning the measures taken to enhance the national employment policy. The Committee would be grateful if the Government would provide more information on the form of interaction between the central and provincial offices of the Ministry, on the type of functions and responsibilities of each of the departments and external structures as well as on the manner these bodies operate in order to perform or to participate in the performance of the tasks defined by Article 6(2). As regards the national employment policy, the Committee would like to draw the Government’s attention to
paragraphs 110–127 of the General Survey of 1997, on labour administration and ask it to continue providing information on the measures taken or envisaged according to Article 6(2)(b) and (d), concerning studies to be carried out and services of technical advice to be made available to employers and workers, and their respective organizations.

Article 5. Impact of tripartism. The Committee would be grateful if the Government would specify the issues discussed by the Labour Advisory Committee and indicate the impact of its work on the law and practice related to labour administration issues.

Article 7. Extension of the functions of the system of labour administration. The Committee notes with interest that the Ministry of Labour has been working with the ILO to monitor and improve labour conditions in the informal sector. Drawing the Government’s attention to paragraphs 128–137 of the General Survey on labour administration, the Committee would like to request the Government to provide details on the matters covered by such cooperation, on the results achieved and expected and on any other measures taken or envisaged to gradually extend the functions of the system of labour administration to include categories of workers who are not, in law, employed persons, such as those listed in Article 7(a)–(d).

Article 10. Human resources and material means. The Committee would be grateful if the Government would provide more detailed information on the criteria of recruitment, composition, levels of responsibility, specialization, conditions of service and training of the staff of the labour administration system (paragraph 1), and describe the material means and financial resources available to the Ministry and its provincial bodies for the performance of their functions (paragraph 2). In addition, the Government is asked to provide the ILO with the table showing the budget allocated to the Ministry, which was not attached to the report as indicated and to indicate any measure taken or envisaged to strengthen the human resources in terms of numbers and skills and the material means for a better functioning of the labour administration system to respond to the social and economic needs of the population.

Part V of the report form. The Committee notes with interest the information provided by the Government on the reform of articles 137 and 144 of the Labour Code and the creation of the HIV/AIDS committees in enterprises for which the ILO provided technical assistance. The Committee would be grateful if the Government would provide information on any further technical cooperation activities, and on the results achieved.

Part VI. The Committee would be grateful if the Government would indicate whether it has received from the organizations of employers or workers concerned any observations, either of a general kind or in connection with any of the Government’s report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government’s first report received in January 2004. It appreciates the information provided by the Government on the effect given to each of the provisions of the Convention in response to the questions contained in the report form. The Committee would be grateful if the Government would provide further information in its next report on the following points.

1. Legislation. The Committee notes the provisions of Chapters XIV (Labour Administration) and XV (Consultative Labour Committee) of the 1997 Labour Code. It has also examined the Anukret of 4 October 1999, relating to the organization and functioning of the Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation. The Committee notes that the Government does not refer to this document in its report; it requests the Government to inform it whether it is still in force (Part I of the report form).

2. Effective functioning of the labour administration. Please indicate the measures taken or envisaged to ensure coordination between the different labour administration departments, both at the central and provincial level (Article 4 of the Convention). Please provide detailed information on the means, principally budgetary, available to the Ministry of Labour and its provincial bodies to fulfil the objectives assigned to them (Article 9).

3. Tripartite cooperation. The Committee notes with interest that, under the terms of the provisions of Chapter XV of the Labour Code, a consultative labour committee, possessing its own permanent secretariat, has been set up under the charge of the Minister of Labour. The Committee requests the Government to transmit the Anukret determining the composition and functioning of the committee in application of section 352 of the Labour Code. Moreover, please provide examples of questions included on the committee’s agenda, specifying the opinions issued and the way in which they were taken into account (Article 5).

4. Employment policy. The Committee requests the Government to continue to provide as detailed information as possible on the preparation, implementation and assessment of the national employment policy in its next reports on the application of Convention No. 122, taking into account the Committee’s comments under this Convention (Article 6, paragraph 2(a)).

5. Working and employment conditions. Please continue to provide information on labour inspection activities, both with regard to supervising work and employment conditions and making advice available to employers and workers (Article 6, paragraph 2(b) to (d)).

6. Gradual extension of the labour administration system. Please specify whether measures have been taken or envisaged to extend the functions of the labour administration system to cover certain categories of workers who are not employed persons, such as those referred to in Article 7(a) to (d) of the Convention.

7. International labour relations. Please continue to provide information on the activities of the unit working under the Minister for International Cooperation in the field of labour affairs. Please specify the way in which representatives of employers and workers on the consultative labour committee are consulted in practice when the Kingdom of Cambodia participates in the activities of the ILO, in accordance with section 358 of the Labour Code (Article 8).

8. Staff of the labour administration system. Please give particulars concerning the recruitment of the staff of the labour administration system, their composition, status and conditions of service, and their training. Please also describe the material means and financial resources furnished for the performance of their duties (Article 10).

9. Technical cooperation. Please continue to provide information on technical cooperation activities carried out by the ILO with regard to labour administration, indicating the expected or reported effects (Part V of the report form).

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The Committee notes with interest the Government’s first report. It appreciates the information provided by the Government on the effect given to each of the provisions of the Convention in response to the questions contained in the report form. The Committee would be grateful if the Government would provide further information in its next report on the following points.

1. Legislation. The Committee notes the provisions of Chapters XIV (Labour Administration) and XV (Consultative Labour Committee) of the 1997 Labour Code. It has also examined the Anukret of 4 October 1999, relating to the organization and functioning of the Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation. The Committee notes that the Government does not refer to this document in its report; it requests the Government to inform it whether it is still in force (Part I of the report form).

2. Effective functioning of the labour administration. Please indicate the measures taken or envisaged to ensure coordination between the different labour administration departments, both at the central and provincial level (Article 4 of the Convention). Please provide detailed information on the means, principally budgetary, available to the Ministry of Labour and its provincial bodies to fulfil the objectives assigned to them (Article 9).

3. Tripartite cooperation. The Committee notes with interest that, under the terms of the provisions of Chapter XV of the Labour Code, a consultative labour committee, possessing its own permanent secretariat, has been set up under the charge of the Minister of Labour. The Committee requests the Government to transmit the Anukret determining the composition and functioning of the committee in application of section 352 of the Labour Code. Moreover, please provide examples of questions included on the committee’s agenda, specifying the opinions issued and the way in which they were taken into account (Article 5).

4. Employment policy. The Committee requests the Government to continue to provide as detailed information as possible on the preparation, implementation and assessment of the national employment policy in its next reports on the application of Convention No. 122, taking into account the Committee’s comments under this Convention (Article 6, paragraph 2(a)).

5. Working and employment conditions. Please continue to provide information on labour inspection activities, both with regard to supervising work and employment conditions and making advice available to employers and workers (Article 6, paragraph 2(b) to (d)).

6. Gradual extension of the labour administration system. Please specify whether measures have been taken or envisaged to extend the functions of the labour administration system to cover certain categories of workers who are not employed persons, such as those referred to in Article 7(a) to (d) of the Convention.

7. International labour relations. Please continue to provide information on the activities of the unit working under the Minister for International Cooperation in the field of labour affairs. Please specify the way in which representatives of employers and workers on the consultative labour committee are consulted in practice when the Kingdom of Cambodia participates in the activities of the ILO, in accordance with section 358 of the Labour Code (Article 8).

8. Staff of the labour administration system. Please give particulars concerning the recruitment of the staff of the labour administration system, their composition, status and conditions of service, and their training. Please also describe the material means and financial resources furnished for the performance of their duties (Article 10).

9. Technical cooperation. Please continue to provide information on technical cooperation activities carried out by the ILO with regard to labour administration, indicating the expected or reported effects (Part V of the report form).

[The Government is requested to report in detail in 2007.]