Clarification of Points Relating to Strikes in Cambodian Law

In response to your article “Arbitration Body Orders Capitol Tours Bus Drivers Back to Work” (July 30), I would like to take the opportunity to clarify two points.

First, the Labor Law governs labor disputes and industrial action in Cambodia, including strikes. The Arbitration Council is the national independent institution for labor arbitration, empowered to help parties try to resolve their disputes; and under the law for arbitration to proceed, parties must abstain from industrial action and refrain from other actions that would aggravate the situation.

If a strike arises as a result of workers alleging unfair dismissal, the Arbitration Council does not require dismissed workers to be returned to work pending arbitration, although they may return to work based on the employer’s discretion or dialogue with workers. Once the strike ceases, the Council can hear the case and decide on the merits of claims based on principles of law and justice. Since 2003, the Council recorded over 2,200 cases, assisting 1 million workers and employers in resolving their disputes and getting back to work.

Second, I note that my formal position is Acting Executive Director of the Arbitration Council Foundation (ACF), a not-for-profit organization established to provide support to the Arbitration Council.

Men Nimmith, Acting Executive Director, Arbitration Council Foundation

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