1. Introduction

Labor Unions that are legally established have a number of rights under Cambodian law. One of the important rights is the right to strike which has been increasingly exercised by Labor Unions. The strike has become an instrument for workers to demand from employers and the government the improvement of working conditions in general and an increased minimum wage in particular. The recent strikes conducted by workers at the end of 2013 and early 2014 against the decision of the Labor Advisory Committee to increase the minimum wage by 100 dollars instead of 160 dollars as demanded by the workers have drawn attention to the right to strike in Cambodia from the international community and investors.

2.What are the legal conditions for the formation of labor union?

An union can be established by employees. The founders of the Union must submit a request, the statute, and lists of names of those responsible for management and administration to the Ministry of Labor and Vocational Training for registration. In the case that the Ministry of Labor and Vocational Training does not reply within two months after receiving the application form, the union is considered legally registered. A copy of the submitted documents shall be sent to the Department of Labor Inspection, the Office of the Council of Ministers, the Ministry of Justice, and to the Ministry of Interior.

Following increased strikes and the clashes with the police and the protests which caused deaths and injuries, the government suspended the creation of labor unions until a new trade union law is adopted and implemented¹ expected by the end of 2014. The suspension of the freedom of association by the government until the new law on trade unions may be a sign of tighter regulation of unions under the new law on trade unions.

The opponents to the current draft of the law on Trade Unions argue that it imposes strict conditions for the creation of Unions and the suspension and de-registration of unions by the government² if their activities are deemed illegal.

In contrast, the proponents of the current draft law claim that the new law will comply with the ILO’s Convention 87 on the Freedom of Association and improve the current industrial relation³.

The new law on Trade Union will set out conditions, procedures for the formation of labor unions, and rights and obligations of labor unions4.⁴.

This law may be an instrument to adjust the existing power relationship between employer and employees through tighter control of labor unions by the government.