Jan

Statement

We, as trade union federations and civil society organisations, are extremely disappointed with the provisional order of the Phnom Penh Court of First Instance issued on 8 January 2020 which decided to suspend strike action by NagaWorld employees scheduled for 9 January 2020 and which stated that employees which continued to strike would be determined as an illegal strike and as serious misconduct.

We observe that this provisional order violates workers’ fundamental rights to strike which is guaranteed by the Constitution, Labour Law, Trade Union Law of the Kingdom of Cambodia and International Labor Organisation Core Convention No. 87 which has been ratified by Cambodia.

According to the Labour Rights Supported Union of Khmer Employees of NagaWorld’s statement also issued on 8 January 2020, the union has used all peaceful methods for settling this dispute with the employer and has held meetings and a secret ballot with 97% out of more than 2000 workers who participated supporting a strike. On 16 December 2019, the union submitted notice to company management and relevant institutions were well informed specifying that a strike would occur on 9 January 2020.

We observe that the protection of public order is not an adequate excuse for a court to suspend a strike freely decided upon by members, particularly in circumstances where the public authorities have also known of this strike in advance, and therefore had adequate time to preserve in order to mitigate against disturbances to public order.

Therefore, we call on the public authorities to not block the peaceful strike of NagaWorld employees which is being held for the legitimate interests of those workers. We also call on NagaWorld to respect the rights of employees in exercising their fundamental rights to strike to demand their legitimate interests and the reinstatement of their union leader.

For further information, please contact Mr. Khun Tharo, Program Manager at CENTRAL at
093 556 671.

Phnom Penh, 10 January 2020