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Cambodia’s Arbitration Council

Cambodia’s Arbitration Council

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Cambodia’s Arbitration Council

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  1. Cambodia’s Arbitration Council 2nd Regional Conference & Training Course for Judges & Arbitrators – Asia Pacific Region (Melbourne, Australia) 17 June 2012

  2. Overview • Country context • Labour dispute resolution institutions • Nature of disputes • Major issues & trends concerning grievances • Major challenges & future prospects

  3. 1. Country context • Civil strife • Cambodian economy • The garment industry • US-Cambodia bilateral trade agreement • Industrial relations in Cambodia today

  4. 2. Labour dispute resolution institutions • Ministry of Labour, Department of Labour Disputes • Arbitration Council • Courts

  5. 2. Labour dispute resolution institutions – Arbitration Council • State institution established by law to resolve collective labour disputes. • Started in 2003 • Expertise in mediation and arbitration of labourdisputes • Also provide training on dispute resolution to employers&workers • Main features: • Tripartite: each case resolved by a 3-member panel (one arbitrator selected by the employer, one by the employee, and the other one by the two chosen arbitrators) • Open & predictable: reasoned and consistent decisions, shared with the parties and the public. Decisions are compiled in hard copy and also available at www.arbitrationcouncil.org. • Speedy: most cases processed within 15 days; parties decide if extension of the period is needed. • Advisory or binding: parties choose whether to be bound by AC decisions. • Free of charge: All services are provided to users for free.

  6. 2. Labour dispute resolution institutions – Arbitration Council • Helping private sector employers and their staff/workers avoid losses through mediation and arbitration of more than 1,200 cases since 2003, and thus contributing to promoting good investment climate in Cambodia. • Number of cases trends up, while number of strikes in the garment industry trend down, as at the end of 2011

  7. 2. Labour dispute resolution institutions – Arbitration Council • Sectors using the services include the garment, hotel and hospitality, construction, other manufacturing and services. • Dispute resolution services acceptable to users: Binding arbitration of ‘disputes over labor rights’ agreed in an MoU between Garment Manufacturers Association in Cambodia and union federations signed in September 2010.

  8. 3. Nature of disputes • Individual disputes vs. collective disputes • Rights disputes vs. interests disputes

  9. 4. Major issues & trends concerning grievances • Differing interpretations of Labour Law provisions concerning employment contracts • Trop grievances before the Arbitration Council • Emergence of interests claims in the garment industry since the outset of 2012 • Arbitration increasing, strikes decreasing

  10. 5. Major challenges & future prospects • Financial sustainability • Lack of strong collective bargaining tradition

  11. Thank You! W: www.arbitrationcouncil.org E: info@arbitrationcouncil.org Tel: (855) 23-881-815