Introduction
On 4 March 2025, the Ministry of Labour and Vocational Training (“MLVT“) issued Prakas No. 074/25 on the Procedures for Resolution of Collective Labour Disputes (“Prakas 074“) to set out new procedures governing collective dispute resolution.
Prakas 074 abrogated Prakas No. 317 dated 29 November 2001 on the Procedures for Resolution of Collective Labour Disputes and any provisions that are in contradiction with Prakas 074.
Key Features
In this Update, we highlight some of the key features of Prakas 074.
Complaint
A complaint pertaining to a collective labour dispute may be filed with either the Department of Labour Dispute or a Municipal/Provincial Department of Labour and Vocational Training for the purpose of conciliation unless otherwise specified in the collective agreement on dispute resolution.
Upon receiving the complaint, the labour inspector will review it and determine whether to proceed with conciliation or conduct a labour inspection.
The labour inspector will then report to the Minister of MLVT to appoint a conciliator within 48 hours.
Discovery process
The conciliation proceedings shall be conducted within 15 days after the appointment of the conciliator.
The conciliator will invite the parties to provide relevant information and documents relating to the dispute, which will serve as the basis for the conciliation proceedings.
Each party will be questioned separately, with minutes recorded and signed by the conciliator, and attested by the party, by way of signature or fingerprint. A copy of the minutes will be provided to the party being questioned.
Conciliation meeting
Once the parties have provided sufficient information, the conciliator shall issue another invitation letter for a conciliation meeting. While conciliating, the parties shall cease all other activities attributed to the dispute.
The complaint will be deemed null and void if the complainant does not cooperate, or sign or fingerprint on documents required by the conciliator in the conciliation proceedings in accordance with applicable laws and regulations. A complaint deemed null and void as stated above will no longer be admitted for conciliation if resubmitted.
Failure to attend the meeting as invited without a valid reason shall result in a fine ranging from 31 to 60 days of the base daily wage (KHR 80,000, approximately US$ 20 per day) as set out in Article 363 of the Labour Law.
The conciliator must record the minutes of all the conciliation meetings by clearly noting agreements and disagreements. The minutes must be signed by the conciliator and affixed with the signature or fingerprint of the relevant parties. A copy of the minutes shall be provided to the parties.
The conciliation proceedings require the presence of the “most representative status” of the union or a minority union if the collective labour dispute does not arise from the enforcement of the collective agreement.
In the absence of a union within the enterprise or establishment, a representative of the workers or employees shall attend, provided that the conciliator has issued a confirmation letter.
Agreement to settle
Should the parties enter into a settlement agreement and it is signed by the conciliator following the conciliation proceedings, the settlement agreement would have the same value and effect as applied across all parties represented in the collective agreement.
Disagreement on settlement
If the parties to the dispute fail to reach a settlement, they may collectively submit a written request to the Minister of MLVT for a reconciliation within two working days.
The Minister of MLVT may appoint a new conciliator or replace the existing one for the reconciliation.
If this reconciliation fails, the parties cannot request another reconciliation, and the next stage of the labour dispute resolution shall be carried out. The conciliator shall report to the Minister of MLVT within 48 hours to take further action at the Arbitration Council within three days.
MLVT’s intervention in collective labour disputes
For collective disputes that were not initiated by a compliant being filed by the party or reported to the labour inspector, the Minister of MLVT may take conciliation measures upon being informed of the dispute.
If you have any queries on the above, please feel free to contact our team members who will be happy to assist.
Disclaimer
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