Trade union rights of public sector workers in Cambodia PSI Workshop 6 April, Sunway Hotel Presented

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Trade union rights of public sector workers
in CambodiaPSI Workshop6 April, Sunway
HotelPresented By Veasna NuonILO-Cambodia
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Contents

• ILO and area of focus
• Fundamental principles and rights at work,
  specifically on FOA
• Trade union rights for public sector workers
• Public sector worker organising and recommended
  actions

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• What is the ILO?

• UNs specialized multilateral agency with unique
  tripartite structure.
• Promotes social justice and internationally
  recognized human and labour rights.
• Founded in 1919 by the Treaty of Versailles under
  the League of Nations.
• Became first specialized agency of the UN in
  1946.

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What the ILO does

• Formulates international labour standards
• Provides technical cooperation
• Disseminates best practices
• Organizes training, communication, research and
  publications
• Promotes development of independent employers'
  and workers' organizations
• Fosters dialogue among constituents

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Core Labour Standards

• Freedom of association and the right to
  collective bargaining
• Elimination of forced or compulsory labour
• Effective abolition of child labour and immediate
  abolition of its worst forms
• Elimination of discrimination in respect of
  employment and occupation

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Freedom of Association Conventions

• C87 Freedom of Association and Protection of the
  Right to Organise Convention 1948
• C98 The Right to Organise and Collective
  Bargaining Convention 1949
• C151 Labour Relations (Public Services)
  convention 1978

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Freedom of Association Conventions

• C87 C98 (87free exercise of the right to
  organise in relation to the state while 98
  protect workers and their organisations in their
  handling with employers)
• The two conventions ensure
• 1. Recognition of the right to organize
• 2. Establishment of organisations
• 3. Free choice of organisations
• 4. Functioning of organisation
• 5. Dissolution or suspension

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Freedom of Association Conventions

• 6. Federations and confederation
• 7. International affiliation
• 8. Anti-union discrimination
• 9. Acts of interference
• 10. Collective bargaining, including the right
  to strike

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Specific convention for public employees

• C151 Formalizes the right to organise for public
  sectors and defines procedures for determining
  condition of employment. And ensures earlier and
  sub-sequent conventions would cover public
  sectors.

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Four Strategic Objectives for Decent Work

• Promoting and realizing fundamental principles
  and rights at work and ILS.
• Creating greater employment and income
  opportunities for all.
• Extending social protection and social security.
• Strengthening tripartism and social dialogue.

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Public sector workers rights

• There exists legislative and practical barriers
  to (1) establishment of free and independent
  public sector unions (2) trade union activities
  (3) collective bargaining
• The labour law does not apply to domestic workers
  and civil servants (executive branch of the govt)
  including teachers, judges and military

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Public sector workers rights

• Right to freedom of association Curtail the
  union by hindering people from joining, imposing
  reprisal on those who do or obliging them to join
  state-approved organisations. (This is against
  UDHR, 87 ILO Core Convention)

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Public sector workers rights

• Right to assembly and strike National security
  and public safety pretext, use of force
  deterrence, strike is not banned, but obstructed
  by cumbersome procedures and subject to
  harrashment, intimidation and surveillance
• Right to collective bargaining It is a clear
  framework barrier

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Public sector workers organising and negotiation

• Still weak organisation (small membership,
  limited resource and experience and international
  support and not encouraging achievements yet)
• Limited tolerance and recognition of country
  leadership of worker rights

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The ways forward

• Organising more
• Institutional building with strategic plan and
  innovative programs
• More concerted efforts and contribution from the
  support organisations