It's the slide presentation of Chapter 10: Administrative Issues under Collective Bargaining

1. Labor and Industrial Relation
Chapter 10: Administrative Issues under Collective
Bargaining
Lecturer: Pong Della
Group 7
Phall Sodarind 60765 Hem Sovanvattey 73047
Tak Chanthou 78912 Hang Sreyda 35665
Seng Amrith 71058 Hong LimSeng 48956
Or Dasopagha 68045 Sar Monyneath 43520
Wat Sreypich 78268 Gnep khunveng 51581

2. Seniority
 Seniority is an employee’s length of service of an
employee working in a particular company. The
company provides certain privileges for their long
service and loyalty towards the company. They also
serve the employees by giving great opportunities in
the company for their career growth for serving the
company. As per their experience they will be paid
higher than the other employees who were working
for a short period of time in the company.

3. Seniority
 Five reasons that seniority has received
increasing stress in the labor contracts over the
past few decades.
1. Justice
2. Avoiding arbitrariness
3. Benefit programs
4. Rewarding
5. Motivation

4. Pros and Cons Of Seniority
System Pros of Seniority System:
1. To secure employment:
2. Extra benefits:
 Cons of Seniority System:
 1. Extra cost for the company
 2. Imbalance the competition between
employees

5. Pros and Cons
Of
Seniority System

6. Three Major Systems of Seniority

7. Limitation on Seniority
 Retain only the senior employees available for the job.
 Limitation on the chain of displacement or bumping process
 Displace only the least senior employees
 The last employee laid off is the first rehired.
 Promotion: Length of service is a factor in promotion, but
it’s the secondary importance to the ability factor.

8. Seniority Bonus in Cambodia
 Prakas of Labor Advisory Committee of March 4, 2011 on
Additional Incentive and Bonus for the Garment and Shoes
workers
 a. Workers who come regularly to work in working day
determined in each month, have to be paid at least US$7 as
Monthly Attendance Incentive.
 b. Workers who are willing to work for overtime at employer’s
request, have to be paid 2000 riel per day as overtime meal
allowance, or provided meal treat one time per day.
 c. Seniority Bonus
 - Workers working in garment enterprise or another
organization for over one year have to be paid Seniority Bonus
according to table below:

9. Seniority Bonus in Cambodia
Seniority
(years)
1- 2- 3- 4- 5- 6- 7- 8- 9- 10- 11-
Monthly
Bonus
(USD)
2 3 4 5 6 7 8 9 10 11 11
- Workers must be paid Seniority Bonus properly according to
work duration stated in the table above, except any workers who
have been working over 11 years, which have to be paid USD 11
per month as Seniority Bonus.
d. Any benefit that has been stated in this Prakas will take effect
as of March 1, 2011.

10. Seniority Bonus in Cambodia

11. Seniority in Transfers
 A transfer is a horizontal or lateral movement of an employee
from one job, section, department, shift plant or position to
another at some other place where salary, status and
responsibility are usually the same. • Transfer is defined as “a
lateral shift causing movement of individuals from one position
to another usually without involving any kind of change in
duties, responsibilities, skills needed or compensation”.
 Another seniority problem involves the seniority status of
employees who transfer from one department to another. It is
concerning with retaining the seniority.

12. An overall Evaluation
Evaluation is the process of judging the value or worth of an
individuals achievements or characteristics ( Self-Evaluation and
Peer-Evaluation).
The traditional arguments that seniority:
 Foster laziness
 Rewards mediocrity
 Crimps individual initiative.

13. Seniority versus Affirmative Action
What is Affirmative Action?
 Affirmative Action involves the
employer taking steps to expand
job opportunities in an effort to
bring qualified women and
minorities in a work place.

14. Disability Rights
Employment of Disabled Persons
In August 2010, the government issued a
Sub-Decree on Determination of Rates and
Procedures for Selecting Disabled Persons
for Employment.

15. Disability Rights (con’t)
Law of Employment and Vocational Training:
-Article 33.Persons with disabilities who have the required
qualifications and competence to carry out the duties, role and
responsibilities of a particular position have the right to be employed
without discrimination, including employment as civil servants,
workers, employees, apprentices or interns.
-Article 34.Legal entities that recruit workers and employees to be
employed shall employ persons with disabilities as stated in article 33
of this law, in accordance with the appropriate set quota. The set
quota shall be determined by Sub-decree as proposed by the
Ministers in charge of Social Affairs, Labor and the Council for
Development of Cambodia.

16. Disability Rights (con’t)
 -Article 35.Ministries and state institutions that recruit civil
servants to be employed, shall employ persons with
disabilities as stated in article 33 of this law, in accordance
with the appropriate set quota. The set quota and
recruitment process shall be determined by Sub-decree.
 -Article 36.Legal entities shall regularly report to the
Ministries in charge of Social Affairs and Labor the total
number of their workers/employees and workers/employees
with disabilities in accordance with the appropriate set
quota.

17. Disability Rights (con’t)
-Article 37.Legal entities that are not able to fulfill this obligation as
stated in article 34 of this law shall pay a charge to the Persons with
Disabilities Fund. The rate of the charge shall be determined by Sub-
decree proposed by the Ministers in charge of Social Affairs, Economy
and Finance and the Council for Development of Cambodia.
-Article 38.Legal entities shall arrange a reasonable accommodation for
persons with disabilities who apply for employment as workers,
employees, apprentices or interns except where such accommodation
constitutes an excessive burden.

18. Disability Rights (con’t)
-Article 39.The State shall give due attention to establish
vocational training institutions for persons with disabilities. The
educational, training, technical, and vocational establishments of
state, private or other organizations shall provide either training
to persons with disabilities in accordance with the appropriate
set quota or provide free training to poor persons with
disabilities or military veterans with disabilities. The set quota
shall be determined by an inter-ministerial Prakas by the
Ministers in charge of Social Affairs and Vocational Training.
-Article 40.The educational, training, technical, and vocational
establishments of state, private or other organizations shall
arrange a reasonable accommodation for persons with
disabilities who are applicants, trainees or interns, unless such
accommodation causes excessive burden.

19. Disability Rights
 -Article 41.The educational, training, technical, and
vocational establishments of state, private or other
organizations shall have a formal detailed training
curriculum and will then disseminate to persons with
disabilities in advance. The curriculum shall be submitted to
the competent institution to ensure effective
implementation.

20. Discharge And Discipline
Many labor agreements list one or more specific grounds for
Discharge: Violation of employment rules, failure to work standards,
incomputerate, violation of the collective bargaining contract(
including in this category the instigation of or participation in a strike
or a slowdown in violation of the agreement), excessive absenteeism
or tardiness, intoxication, dishonestly, insubordination, and fighting
on the employer’s property.
Discipline: Step 1: Oral Reprimand
Step 2: Written Warning
Step 3: Final Documentation
Step 4: Suspension with Probation
Step 5: Termination

21. The Need for Proof
On many occasions, employers have lost discharge cases
in arbitration because the evidence they have presented is
not sufficient to prove the case for discharge. At times, the
management’s case against the employees has simply
been poorly prepared; at other times, the management has
not been able to assemble the proof despite the most
conscientious of employer efforts.
Some arbitrators in deciding discipline cases demand
extremely high standards of proof:
‘’Proof beyond a reasonable doubt’’ or even ‘’Proof beyond
the shadow of a doubt’’

22. The Need for Meaningful
Communications
Fully as important as the need for convincing proof is the
necessity for the rules to be clear and specifically
communicated, or employees simply cannot be held
responsible for violating them.

23. Importance Of Safety And Health (Con’t)
 Decrease staff turnover & maintain work harmony
 Having a safe & conducive working place
 Reduce cost of injuries & illness, medical & hospitalization cost
 Minimal property & equipment damage/ lost
 Fewer stoppage/ production delays, higher output, better quality of
product / services

24. Importance Of Safety And Health
 Minimizes penalties through compliance with the laws &
regulations
 Avoid/ reduce times, liability suit & penalty from authorities
 Avoid tarnishing & damaging organizational image
 Avoid excessive investigations & waste of precious time
 Reduce risk premiums
 Secure investors confidence & investment

25. TheOccupationalSafety and Health Act
and Its Consequences to Date
 - The Occupational safety and health act generally referred
as OSHA
- The Occupational Safety and Health Act of 1970 (OSH
Act) was passed to prevent workers from being killed or
seriously harmed at work.
- The law requires employers to provide their employees
with working conditions that are free of known dangers.
- The Act created the Occupational Safety and Health
Administration (OSHA), which sets and enforces protective
workplace safety and health standards.

26. TheOccupationalSafety and Health Act
and Its Consequences to Date
 - OSHA also provides information, training and assistance to workers and
employers.
- Workers may file a complaint to have OSHA inspect their workplace if they
believe that their employer is not following OSHA standards or that there are
serious hazards.
- OSHA will not tell the employer who asked for an inspection. However, it is
a good idea to have a contact person representing the workers who can walk
around with the inspector on the inspection. The person should be someone
who knows the hazards at the workplace and is not afraid to speak out. If the
workers are represented by a union at the workplace, the contact person
would be a union representative, such as a shop steward

27. The Criticism of OSHA
 - Fewer than 3,000 inspectors available to visit the 5 million places of work,
the average employer could expect to see an OSHA agent roughly every 75
years.
- In its first month of inspection, the agency adopted almost 5,000 (consensus)
safety standard. And the standard were under any conditions expensive to
satisfy.
What are the penalties for not complying with the OHSA and its regulations?
- The maximum penalties for a contravention of OHSA or its regulations are set
out in OHSA Section.
A successful prosecution could, for each conviction, result in:
- A fine of up to $25,000 for an individual person and/or up to 12 months
imprisonment;
- A fine of up to $500,000 for a corporation.
- Criminal charges can be laid against corporation, defined organizations and
individuals (supervisors, managers, directors, members of the board, executives,
etc.)

29. Labor activity regarding safety and health
safety and health at work
 All employees must know their right and responsibility regarding their safety
health at work
 They should be aware of the general laws applicable to them
 All employees have entitlement to rest breaks and paid vacations
 If you’re off sick from work and anxious about your job, you'll find out
practical information on what can be done
 Safety and health at work for those employed by a legal company or
accounting company would involve confidentially, and cover against pissed
off clients
 Health and safety at work for those in the medical field involves proper of
dangerous waste, ensuring to sterilize areas after patients have used them
and consistent private cleanliness to avoid spreading contagions

30. Labor activity regarding safety and health
Responsibilities and rights of employer and employees
 Employees must:
1) Work safety to protect themselves and other from injury
and follow all OHS instruction, for example:
Wear all personal protective equipment provided. follow
safe work procedures
2) Report any OHS issues, including hazards, injuries,
and illnesses.

31. Labor activity regarding safety and health
Responsibilities and rights of employer and employees
 Employer must:
1) Properly orientate, train and supervise staff to ensure safe
work practices are understood and followed by all
employees
2) Consult with all employees, including YW, about decision
that will affect safety in the workplace
3) Provide suitable personal protective equipment to make
sure workers can do their job safely and train worker how
to use PPE correctly

32. Production standards and staffing
 From such a study, management claim that all employee
should produce at least the average amount in a given
period

33. Production standards and staffing
 The law on standards of Cambodia was adopted by
national assembly on 25 April 2017 approved by senate on
28 May 2007
 The goals of the law on standards are to improve the
quality of product, service and management, to raise and
rationalize production efficiency, to ensure fair and
simplified trade, to rationalize product use, and to enhance
consumer protection and public welfare.

34. Technological change
 Therefore, technological change is a social process
strongly biased by the financial interests of capital.
 Such as voting on the social or environmental desirability of
a new technology prior to development and marketing, that
would allow average citizens to direct the course of
technological change….

35. How Unions Have Responded To The
Unparalleled Challenges Of Recent
Technological Change Banning/refusing innovation
 Welfare payments
 Basic income
 Education
 Public works
 Shorter working hours
 Broadening the ownership of technological assets
 Structural changes towards a post-scarcity economy
 Others

36. Plant Closing
 under the provision of the worker adjustment and retrain notification
(known, appropriate, as WARN), companies with 100 or more full-
time employees must give their workers and communities at least 60
days’ notice of shutdowns and major layoffs when:
 a plant closing would cost 50 or more full-time employees at a single
site their jobs.
 a layoff is planned of 6 months or longer that would affect at least 50
workers who constitute at least one-third of the workforce;
 a 6 months or longer layoff is planned of 500 or more workers even if
these constitute less than one-third of the workforce;

37. The worker adjustment and Retraining
notification act (WARN) of 1988
 A continuous and dynamic process by which a worker seeks to
achieve and maintain correspondence with a work environment.
 Is indicated by length of time, or tenure, on the job
 Generally covers employers with 100 or more employees, not
counting those who work an average of less than 20 hours a
week. Regular feral, state, and local government entities that
provide public service are not covered. Employees entitled to
notice under WARN include managers and supervisors as well as
hourly and salaried workers.

38. Thanks For Your Attention