Faculty Publications  | Volume 4     |    Number 2   |  July-December 2019   |    Pages 29 – 36

Reinforcing Labor Caselaw: Recent Decisions Concerning Union, Strike, FDC

Received: July 2019   |  Published unedited: November 2019   |    DOI: 10.62458/021024-13

Virak Prum, PhD
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Cambodian Business Law
CamEd Business School

DOI: https://doi.org/10.62458/021024-13

 

SUMMARY

This review on recent decisions reveals the will of the Arbitration Council in defending its precedents in three key areas of labor law, namely, the so-called most representative status of a trade union, the arbitrators’ order to strikers to return to work, and the issue concerning the length of fixed duration contracts. The Council never hesitates to refuse to consider interest-based claims if the union lacks that particular status; it is also quick to discontinue its proceedings should employees disobey its order to stop the strike. Concerning the fixed duration contracts, the well-known “two years and that’s it!” position has not changed. The quickest conclusion is that the Arbitration Council will not change its positions any time soon.

Keywords: Interest, most representative, strike, caselaw, FDC.

 

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