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manual: women workers' rights and gender equality - International ...

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2. Collective dispute<br />

It can be easier for a group of workers with a common problem to file a complaint. In a group you<br />

are always stronger than alone. Again the first step is trying to solve the problem within the<br />

enterprise. If this does not work you can:<br />

- file a complaint through trade unions which will perform as representative to negotiate, on<br />

behalf of employees’ interests, with the employers<br />

- start a conciliation procedure of the Ministry of Social Affairs <strong>and</strong> Labour. In case of nonconciliation<br />

the next option is:<br />

- bring the case to the Arbitration Council. This Council will only take into consideration the nonconciliation<br />

cases of the Ministry. The decision will be given within 15 days. The decision has<br />

binding power if neither of the parties files an opposition against the decision within 8 days. In<br />

case of opposition, the decision will be nullified; this means that one of the parties can still go to<br />

court or, for instance, the workers can decide to strike.<br />

Workers in the Informal Sector<br />

At present, workers in the informal sector, for instance, domestic workers, homeworkers <strong>and</strong><br />

agricultural workers are not appropriately protected by the law. In order to enhance their bargaining<br />

power, they should be encouraged to set up their own groups in the form of informal groups, trade<br />

unions, associations, cooperatives, housewives’ or professional collectives.<br />

The right to set up such groups is recognized in the Constitution for all Cambodian citizens.<br />

159

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