Case Chronology

2017

• Union Formation: Chanthea played a leading role organizing and unionizing at CIK. On 24 April 2017, the workers submitted a letter of notification to the company about their upcoming election on 17 May 2017, along with a list of candidates standing for election.

• Terminations: However, before this inaugural election could take place, Chanthea, along with two other founding members, Sokny and Srey Nouen, were fired on 17 May, 6 May and 22 May 2017 respectively as a result of their efforts to form the union, with the company citing the reason that they were reducing their workforce due to declining orders.

• The union filed a complaint with the labor ministry on 19 May 2017.

• Arbitration Council Decision: On 31 July 2017, the Arbitration Council ruled that the company should reinstate Chanthea, Sokny and Srey Noeun, with full backpay but the company did not comply. This decision became final after 8 days notice of the order as neither party filed a written objection to the Minister of Labor and Vocational Training through the Secretariat of the Arbitration Council within this period.

January 2018

• The workers filed a civil complaint at the Phnom Penh Municipal Court on January 15, 2018, alleging wrongful termination due to their candidacy in the election to form a workers' union. The case sought recognition of the Arbitration Council decision (Order No. 026/17, dated July 31, 2017) and its enforcement.

September 2019

• CIK Cambodia Co., Ltd., represented by Mr. Lee Sang Hwa, the deputy director, filed a counterclaim suing the three plaintiffs for 100,000 USD as well as court charges and legal fees.

February 2020

• The Phnom Penh Court of First Instance upheld the Arbitration Council's decision, ordering the company to reinstate the workers and compensate them for lost wages. CIK Cambodia's counter-complaint was rejected, and the judge ordered the company to pay damages for legal services, court fees and mental distress​.

• The company appealed the court’s decision to reinstate the workers. However, they did not pay the 82,500 riel (appoximately 20 USD) fee required to process the appeal, stalling the case.

November 2022

• Non-compliance and further appeal: The company chose not to appeal the Court of First Instance’s ruling after two years, deciding instead to appeal to the Supreme Court. However, they could not submit the appeal to the latter since the Appeal Court had yet to issue a decision due to the unpaid processing fee.

October 2023

• The deadline for the payment of the appeal processing fee passes, entailing that the validity of the appeal has lapsed and that the decision of the lower court (the Phnom Penh Court of First Instance) will be final and effective in accordance with the law.

2024

• CENTRAL is in the process of submitting a request to the President of the Appeal Court to dismiss the company’s appeal. Once the Appeal Court issues a rejection order, the Phnom Penh Court of First Instance’s decision announced on 20 February 2020 will become enforceable. At that point, we can request that the Court of First Instance issue a formal declaration upholding the verdict and confirming that no further appeals are permissible, enabling the authorities to enforce the February 2020 decision by ordering the company to reinstate and compensate the workers as specified in the ruling.

• Current status: As of October 2024, none of the three workers (Chanthea, Sokny, and Srey Nouen) have been reinstated.

Further details and supporting evidence can be found in the Annexes.

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Legal Overview

Based on Cambodia's labor laws,

• Union leaders, including those running for leadership roles, enjoy protection against unwarranted dismissal. This immunity spans 45 days before and after any election.

• Discrimination based on union membership or activities is strictly prohibited.

The dismissals of Tep Srey Noeun, So Chanthea, and Keut Sokny occurred during the 45-day period before and after the election, which the company was notified of. According to Articles 43 and 67 of the Law on Trade Unions, the employer is required to seek permission from the Labor Inspector before dismissing workers who have special protection. CIK failed to obtain this required permission prior to the dismissals. Consequently, the dismissals were carried out without the Labor Inspector's approval, in violation of Articles 43 and 67 of the Trade Union Law. Even if the factory was downsizing, the elected union leaders should have been protected from dismissal. Chanthea, Srey Noeun, Sokny and the other founding members followed proper procedures for establishing a union as set out by the law, and are entitled to the protections it offers to unionizing workers. The company’s decision to dismiss them does not align with legal standards.

Demands

1. Reinstate the 3 workers at the new factory, ensuring full back pay (including wages and benefits) from the date of dismissal to the date of reinstatement, maintaining their previous positions.

2. Recognise workers’ right to organise and to form an independent union. Cease any further discrimination against union leaders and founding members, as well as any obstruction to union registration so that trade union leaders and activists can conduct legitimate union activities and represent workers’ interests at the factory.