A NEW law on trade unions could be sent to parliament by early next year, a Labour Ministry official said Thursday.
Oum Mean, a secretary of state at the Ministry of Labour, said a working group consisting of unions, employers and government officials is discussing the law with the aim of finalising a draft by the end of 2010.
“In early 2011, we will pass it to the Council of Ministers and to the National Assembly,” he said.
Union rules are currently governed by the 1997 Labour Law.
A draft of the law obtained by the Post contains 17 chapters, detailing guarantees on workers’ rights to form and join unions, rules on how unions should be governed and guidelines on collective bargaining.
In comparison, the articles covering unions in the existing Labour Law are largely contained in a single chapter.
Moeun Tola, the head of the labour programme at the Community Legal Education Centre, said there are positive elements to the draft law. But he is also concerned that some aspects may give authorities too much power over unions.
The current draft law, he noted, demands that unions submit detailed financial information, including funding sources, to the Ministry of Labour.
Failure to do so could lead the ministry to suspend a union’s registration status.
“It seems like the Ministry of Labour is trying to control the union movement,” he said.
Sandra D’Amico, vice president of the Cambodian Federation of Employers and Business Associations, said that although she has not read the draft law in detail, a trade union law would represent a “milestone” for industrial relations in the Kingdom.
“We hope that the law will help the trade union movement in Cambodia consolidate and be more unified and accountable for their actions,” she said.
Employers see the sheer number of unions currently operating as a barrier to positive workplace relations. There were 237 unions operating last year in the garment sector alone, an ILO report found in October – almost one for every factory open at the time.
Friday, June 18, 2010
Cambodia: Draft union law is sent out for consultations
A WORKING group charged with creating Cambodia’s first-ever law on trade unions has sent a draft to worker and employee representatives, asking for their recommendations in the hope that the legislation can be adopted early next year.
Oum Mean, a secretary of state at the Ministry of Labour, said the initial draft was completed last week.
“We sent the draft law to the factory and worker representatives, in order for them to discuss among themselves whether they agree with the law or not,” he said.
The parties now have roughly one and a half months to examine the draft law and formulate recommendations on how to improve it. Oum Mean said the draft legislation is designed to build on the existing Labour Law, expanding regulations concerning the roles and rights of unions and employers.
“This law is important for the protection of both workers and employers,” he said.
Cambodian Confederation of Unions President Rong Chhun said he thought the draft targeted unions while protecting employers and the government.
“I think that some articles in the law seem to pressure union leaders. This law does not guarantee freedom to the union leaders,” he said.
Rong Chhun took particular issue with provisions requiring unions to file financial reports, including both income and expenses, with the government every year. Unions face the revocation of their statuses if they fail to comply.
Chuon Momthol, president of the Cambodian Union Federation, had higher praise for the draft law. He said “70 to 80 percent” of it was positive, though he expressed concern that transitional requirements could force existing unions to reapply for union status when the new law comes into effect.
Sandra D’Amico, vice president of the Cambodian Federation of Employers and Business Associations (CAMFEBA), said her group believes articles on collective bargaining in the draft law need to be further refined or clarified.
But she said the law’s creation would be a positive development, especially if more stringent regulations help to consolidate Cambodia’s many unions. Labour Ministry statistics, she said, show there are at least 1,725 trade unions across the country.
“The law will hopefully encourage a responsible and accountable union movement, which will result in a healthier trade union movement,” she said.
Oum Mean, a secretary of state at the Ministry of Labour, said the initial draft was completed last week.
“We sent the draft law to the factory and worker representatives, in order for them to discuss among themselves whether they agree with the law or not,” he said.
The parties now have roughly one and a half months to examine the draft law and formulate recommendations on how to improve it. Oum Mean said the draft legislation is designed to build on the existing Labour Law, expanding regulations concerning the roles and rights of unions and employers.
“This law is important for the protection of both workers and employers,” he said.
Cambodian Confederation of Unions President Rong Chhun said he thought the draft targeted unions while protecting employers and the government.
“I think that some articles in the law seem to pressure union leaders. This law does not guarantee freedom to the union leaders,” he said.
Rong Chhun took particular issue with provisions requiring unions to file financial reports, including both income and expenses, with the government every year. Unions face the revocation of their statuses if they fail to comply.
Chuon Momthol, president of the Cambodian Union Federation, had higher praise for the draft law. He said “70 to 80 percent” of it was positive, though he expressed concern that transitional requirements could force existing unions to reapply for union status when the new law comes into effect.
Sandra D’Amico, vice president of the Cambodian Federation of Employers and Business Associations (CAMFEBA), said her group believes articles on collective bargaining in the draft law need to be further refined or clarified.
But she said the law’s creation would be a positive development, especially if more stringent regulations help to consolidate Cambodia’s many unions. Labour Ministry statistics, she said, show there are at least 1,725 trade unions across the country.
“The law will hopefully encourage a responsible and accountable union movement, which will result in a healthier trade union movement,” she said.
Cambodia: Property law changes in pipeline
THE government is set allow foreign citizens to own up to 80 percent of private units in co-owned buildings as part of a new sub-decree due to be approved within the next month, an official from the Land Ministry said Wednesday.
“In one week or a month’s time, the government will approve a sub-decree for an 80 [percent] limit for property that a foreigner can own,” Nun Pheany, spokeswoman for the Ministry of Land Management, Urban Planning and Construction, told the Post.
The sub-decree is linked to the foreign property ownership law, which was passed earlier this year, she said. The law permits foreigners to own property above the ground floor of a building that is not within 30 kilometres of a border.
Despite early drafts of the law stipulating that foreigners would be able to own only 49 percent of a complex, the final law passed left the exact proportion open-ended, stating: “A sub-decree shall determine the proportion and percentage of private units that can be owned by foreigners.”
A sub-decree is generally considered easier than a law to review.
Nun Pheany said that the sub-decree is awaiting approval by the Council of Ministers. Council spokesman Phay Siphan could not be reached for comment on Wednesday.
Sung Bonna, president and chief executive officer of the Bonna Realty Group, welcomed the move on Wednesday.
He said that setting a cap on foreigner ownership would take some of the uncertainty out of investing in the Kingdom’s property market.
He added that although the Cambodian real estate market has yet to recover from the fallout of the global economic crisis, there are positive signs for recovery in the Kingdom’s urban centres.
He added that so far this year, the number of real estate transactions is on the rise – which he believes is a positive sign for the industry.
“Now, it’s good time to buy and sell property in any town in Cambodia,” he said.
The foreign property ownership law is intended to “guarantee to protect rights of legal holders in apartments or condominiums for co-ownership. It also will facilitate management work of co-ownership of apartments and co-owners who live in the apartments or condominiums”.
The law has nine chapters and 24 articles and covers all types of apartments and condominiums across the country.
“In one week or a month’s time, the government will approve a sub-decree for an 80 [percent] limit for property that a foreigner can own,” Nun Pheany, spokeswoman for the Ministry of Land Management, Urban Planning and Construction, told the Post.
The sub-decree is linked to the foreign property ownership law, which was passed earlier this year, she said. The law permits foreigners to own property above the ground floor of a building that is not within 30 kilometres of a border.
Despite early drafts of the law stipulating that foreigners would be able to own only 49 percent of a complex, the final law passed left the exact proportion open-ended, stating: “A sub-decree shall determine the proportion and percentage of private units that can be owned by foreigners.”
A sub-decree is generally considered easier than a law to review.
Nun Pheany said that the sub-decree is awaiting approval by the Council of Ministers. Council spokesman Phay Siphan could not be reached for comment on Wednesday.
Sung Bonna, president and chief executive officer of the Bonna Realty Group, welcomed the move on Wednesday.
He said that setting a cap on foreigner ownership would take some of the uncertainty out of investing in the Kingdom’s property market.
He added that although the Cambodian real estate market has yet to recover from the fallout of the global economic crisis, there are positive signs for recovery in the Kingdom’s urban centres.
He added that so far this year, the number of real estate transactions is on the rise – which he believes is a positive sign for the industry.
“Now, it’s good time to buy and sell property in any town in Cambodia,” he said.
The foreign property ownership law is intended to “guarantee to protect rights of legal holders in apartments or condominiums for co-ownership. It also will facilitate management work of co-ownership of apartments and co-owners who live in the apartments or condominiums”.
The law has nine chapters and 24 articles and covers all types of apartments and condominiums across the country.
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