Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

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.