Guiding Principles on Business and Human Rights, Principles 14 and 15. Convention on the Rights of the Child (CRC), adopted November 20, 1989, G.A. A/forty four/forty nine , entered into force September 2, 1990, ratified by Cambodia on October 15, 1992.

Human Rights Watch email correspondence with Arbitration Council workers, Phnom Penh, May 26, 2014. Human Rights Watch email correspondence with Pav Sina, president, CUMW, Phnom Penh, January 24, 2014. Human Rights Watch interview with Minea, secretary, NIFTUC, Phnom Penh, April 2, 2014.

Because it is unimaginable to get accurate info on all of BFC’s indicators throughout a one-hour lunch break, BFC monitors usually give attention to a number of points where offsite info would most help them, such as forced and extreme overtime. Some manufacturing unit managers made bulletins utilizing the public announcement system, despatched messages through group leaders, or referred to as workers and warned them that they should cambodian brides not report their working conditions to visitors. While unwilling to share any copies of labor inspection reviews, Labor Ministry officers admitted that their inspectorate reports had discovered comparable problems within the factories named within the BFC Transparency Database. However, they asserted that it was wrong for the ministry to be perceived as having done little, contending that the ministry lacked a platform for disseminating data. Each of these factories had obtained at least three BFC assessments before their names have been published.

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In concept, these factories ought to have additionally been topic to a number of authorities labor inspections and enforcement actions. Labor Ministry officers refused to launch details about the result of those labor inspections, nevertheless, incorrectly citing article 348 of the Labor Law, which protects sources of complaints however not the end result of labor inspections. The labor inspectorate perpetuates an opaque system by insisting on blanket confidentiality with none legal basis.

Workers have fewer options to report violations and seek remediation. Tucker additionally cited at least one current instance where staff contacted BFC displays and reported anti-union practices, which BFC screens followed-up by way of home visits and then negotiated with the manufacturing facility to have the workers reinstated. BFC monitors also complement their onsite monitoring with discussions with workers outdoors factory premises during lunch hour.

Factory 60 is a small subcontractor manufacturing unit that was periodically producing for Gap when we spoke to workers there in December 2013. Workers were assigned daily manufacturing targets and had been compelled to work additional time to fulfill the targets, and weren’t paid extra time wages.

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CCC and CLEC, 10 Years of the Better Factories Cambodia Project, 2012, p. 29; WRC, Monitoring within the Dark, 2013, pp. 73-4. Human Rights Watch interview with GMAC official (name withheld), Phnom Penh, April 8, 2014. Human Rights Watch interviews with representatives from CATU, CCAWDU, NIFTUC, and CUMW, November and December 2013, and April 2014.

Human Rights Watch interview with a worker (name withheld), former employee from manufacturing unit 47, Kandal province, April 9, 2014. Human Rights Watch group interview with two employees, location and other details withheld, November 24, 2014.

The primary principle that businesses have a accountability to respect employee rights has acquired widespread worldwide recognition. States are free to prescribe legal formalities for establishing unions, but they cannot abuse this freedom by prescribing formalities that impair basic labor rights ensures. impose an obligation on the Cambodian government to make sure that employers don’t thwart union formation and participation. Where the employer needs to terminate workers because of reasons of “economic, technological, structural or related nature,” these ought to be made in accordance with pre-outlined criteria that factor in the interest of the employees as well as the manufacturing unit.

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Human Rights Watch interview with Chhorn Sokha, program officer, Community Legal Education Center, Phnom Penh, November 13, 2013. Human Rights Watch interview with Chhorn Sokha, former garment worker and program officer, Community Legal Education Center, Phnom Penh, November 14, 2013. Human Rights Watch interview with Cheng Thai (pseudonym), factory 11, Phnon Penh, November 21, 2013. Human Rights Watch documented only two cases where employees mentioned they had been requested what type of contract they needed.

Human Rights Watch interview with an expert who has reviewed the interior rules of numerous corporations, Phnom Penh, December 6, 2013. Human Rights Watch interviews with union leaders from 5 factories and impartial union representatives from NIFTUC and CCAWDU, November and December 2013, and April 2014. Heng Sour, chief of cupboard, MoLVT, Phnom Penh, April 4, 2014. In this report, “baby” and “kids” are used to check with anybody beneath the age of 18, consistent with usage under international law.

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Cambodia’s Arbitration Council has instead held that pregnant women staff have the onus of proving such discrimination. Cambodia’s international obligations embody promoting equality at the workplace and prohibiting discrimination on the idea of sex or pregnancy.