The Government’s
CUMW said that in October 2013, factory managers pressured the union leaders to hitch one other union in the factory that was pro-administration. They threatened to physically hurt six employees, including office-bearers and different union organizers, who eventually resigned from the factory fearing for their lives. Efforts to determine an impartial union in manufacturing facility Q have been ongoing for 2 years. After a second spherical of union elections was held in early 2013, administration referred to as the newly elected leaders for a meeting with representatives of a professional-administration union.
Irrespective of whether employees are employed on FDCs or UDCs, the law ought to defend them against retaliatory dismissal from the date the union registration software is filed to 30 days after the union license is acquired. Workers should notify factory administration about an upcoming union election and then provide information about the outcomes, including the names of office-bearers, before applying for a license to the Labor Ministry. Ironically, in accordance with Prakas 305/2001, employees are required to provide the names of union office-bearers to guard them against being unfairly dismissed.
However, in the meantime the Labor Ministry had instituted a de facto suspension of union registration, as described below. In manufacturing unit P, employees fashioned a union affiliated to CCAWDU and notified manufacturing unit administration in late 2013.
This creates barriers to raising collective labor disputes or claiming wages and other due advantages. Even though our research didn’t give attention to informal workers in the garment sector, we spoke to a minimum of 30 workers employed on an hourly, every day, weekly, or different informal bases from a minimum of 9 factories that worked as subcontractors for larger factories.
Many workers we spoke with, particularly those whose factories issued UDCs after two months’ probation, believed women who became visibly pregnant within the probation interval were fired for that reason. Cambodian labor law does not explicitly provide employees a right to reasonable lodging of their needs during pregnancy. Overtime work and an absence of adequate vitamin are cited by NGOs as elements contributing to staff fainting in garment factories. Based on her discussions with garment employees in different factories who reside round her, she believes such announcements are common. In another case, in late November 2013, manufacturing unit P allegedly fired 40 staff who refused to do extra time work lasting till 9 p.m. The employees lived very far from the manufacturing unit and no vehicles had been obtainable to transport them again to their villages.
Eventually after about 20 days and negotiations with the union, about 20 of the workers had been reinstated. Workers from a few factories reported that their managers bodily intimidated them by banging desks or throwing garments at staff to make them work quicker. In one giant manufacturing facility supplying to international manufacturers, a group of workers complained that engineering college students had been monitoring efficiency of their manufacturing unit on behalf of H&M, adding extra stress and making it tougher for them to take breaks. Most staff employed on an informal basis stated that they had no employee identity playing cards or other proof of employment in the manufacturing unit.
Adidas advised Human Rights Watch that 7 of its 19 long-time period suppliers and 2 of its 4 licensees use FDCs beyond the two-12 months limit as a result of staff or unions in the factories had “opposed” UDCs. H&M representatives said that in 2015, H&M would require its suppliers to adhere to the Arbitration Council ruling on using FDCs and that failure to do so would be handled as a violation of H&M’s Code of Conduct and factored into internal audits. They additionally stated that they might seek authorized clarification from the federal government on these issues, nevertheless it’s not clear that the federal government position would enhance staff’ rights. Furthermore, not all factories paid FDC employees 5 percent of their wages on the end of every contractual interval.
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Immediately upon notification the management known as the elected representatives and offered them with the choice of giving up their union positions for promotions and a hike in wages. The secretary resigned from the union, but the president and vice chairman refused to simply accept the supply. CCAWDU supported the 2 employees in raising a dispute and the Arbitration Council ruled in December 2013 that the union representatives ought cambodian women to be reinstated. But as of mid-January 2015, the manufacturing unit had not complied with the arbitral award. Government officials reacted equally, saying some workers were coming collectively to type unions just earlier than their contracts ended to intentionally search safety using laws and rules governing unions.
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As detailed beneath, nonetheless, we discovered that when the manufacturing unit managers have been notified, they intimidated or lured workers with bribes or promotions to resign from the union, or fired elected union workplace-bearers with impunity. Often by the point they filed a union utility for registration, the union leaders had been dismissed or otherwise harassed. At best employees were able to challenge dismissals and try and have staff reinstated by elevating collective disputes before the Arbitration Council.
One employee described how “ome pregnant women’s our bodies turn into so weak from the OT that they should go to the manufacturing unit clinic and take a break.” She noticed how the managers blamed these women for not being “good employees.” “If they ask to not do OT the supervisor won’t permit that. Ly Sim, a garment worker in her late 20s, was promoted as a result of she could make 350 pairs of underwear in an hour. About 4 months after her promotion, Ly Sim became pregnant and took at some point off every month for an antenatal verify. Ly Sim, along with other staff in her manufacturing facility, went on strike challenging the dismissal. But the management refused to reinstate Ly Sim and dismissed the other staff who had been on strike.
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NIFTUC officers told Human Rights Watch that they discovered that the manufacturing facility management and pro-administration union representatives had pressured staff to resign from the brand new union if they wished to continue working within the factory. Soon after staff notified the administration of factory 25 in regards to the names of newly elected union leaders, the administration allegedly threatened the union president and vp. After months of work establishing the union, each suddenly give up working in the factory in early 2013.
Some workers stated that manufacturing facility managers took retributive motion in opposition to employees who helped form unions and have become workplace-bearers. Officials from CATU, CCAWDU, NIFTUC, and CUMW told Human Rights Watch that in these instances managers recognized the workers using info that employees are required to offer in the course of the union registration course of.
