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Name: Prakas on Procedures for Certifying the Representative Status and the Most Representative Status and Organizing Election to Determine the Most Representative of Professional Organizations of Workers at the Enterprise/Establishment Level (No. 033/08 KB/SCN MoLVT).
Country: Cambodia
Subject(s): Freedom of association, collective bargaining and industrial relations
Type of legislation: Regulation, Decree, Ordinance
Adopted on: 2008-04-22
Entry into force:
ISN: KHM-2008-R-93481
Bibliography: Legislation on-line Legislation on-line Cambodian Federation of Employers and Business Associations (CAMFEBA), Cambodia PDF of Notification in English PDF of Notification in English (consulted on 2013-07-04)
Abstract/Citation: This Notification is issued with a view to improving the implementation of the existing Prakas 305 SKBY dated 22 November 2001 on the representativeness of professional organization of workers at the enterprise level and the right to collective bargaining for the purpose of reaching/conc1uding collective bargaining agreement at the enterprise level. It revises the procedures with regard to the process of applying, objecting, and electing to determine the Representative Status (RS) and the Most Representative Status (MRS) of the professional organizations of workers.

I - PROCESS FOR CERTIFYING REPRESENTATIVENESS OF A PROFESSIONAL ORGANIZATION OF WORKERS
A. Guidelines and Procedure for applying for and certifying RS & MRS
B. Guidelines and Procedures for receiving application form for the certification of RS and MRS
C. Guideline and Procedure for Dissemination of RS and MRS
D. Guideline and Procedure for Certifying RS and MRS
E. Guidelines and Procedure for Objecting to MRS Certification

II - PROCESS FOR ORGANIZING AND HOLDING ELECTIONS TO DETERMINE MRS
A. Preparations for Elections
B. Organizing Elections
c. Voting Place, Procedures and Ballots
D. Role of unions and employers prior to election
E. Counting Ballots and Announcing Results

III. DATA COLLECTION AND DISSEMINATION

IV. EFFECT OF THE NOTIFICATION

Any provision(s) of the previous two notifications Nos. 13 & 16, which are contradictory to the provisions of this notification are null and void. This Pakras implements article 277(1) of the Labour Law 1997.
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