The fundamental collective rights of workers, in the test of the social responsibility commitments of multinational corporate, in Cambodia
Author: Sok, Ritchak
Under the direction of: Marie-Cécile Escande-Varniol
Lumière University Lyon 2
Texte français
Keywords : Law, Cambodia, Collective action, Better Factories Cambodia, BFC, Cambodia, Company charter, Code of good conduct, Arbitration board, Union dues, Permanent delegation of buyers, Discrimination, Fundamental rights,, EMNGM, Multinational branded company, Global Framework Agreement, Strike, Freedom of association, Blacklist, National Monitoring Committee, Collective bargaining, Principle of integrity and good faith, Trade union, Zero tolerance, Decent work, Labor law - Cambodia, Company trade unions, Collective bargaining.
Abstract
Cambodia has gone through a chaotic period, which was not conducive to the development of a legal and judicial system worthy of the name. Although order and the country have been restored and the State has been restructured, Cambodia is not yet a democracy with all the attributes that this implies. The law in its various components is an example. While many norms have been and continue to be regularly and democratically adopted, the application of the rules remains problematic and justice is in an embryonic state. Jurisprudence is almost non-existent due to a lack of competent judges, publication of judgments and political will. This deficiency also affects the doctrine, which is very rudimentary. One of the most complete bodies of rules concerns labor law. It includes all the international standards, in particular the fundamental collective rights : recognition of and respect for the freedom of association, the right to collective bargaining and the right to strike. However, these rights are not effective. In the economic and political context of Cambodia, workers are rarely in a position to demand the simple application of existing law. In this quest for the effectiveness of the proclaimed right, new actors have intervened : on the one hand, the ILO, through structural support (Arbitration Council) and concrete support (Better Factories Cambodia program) ; on the other hand, the multinational companies of major brands. These companies, which are oriented towards a Western clientele, must appear virtuous and make commitments to social responsibility. This thesis examines the role that this “soft law” plays, alongside national law. To what extent do the commitments of these actors allow for the effective respect of collective fundamental rights ?
