a) Submit its annual financial statements and annual activity reports, based on the
financial books and records it keeps, to its members for information, and a copy of
which shall be furnished for the Ministry in charge of Labor at the latest by the end
of March of the following year. They should show:
Total income during the reporting period, showing the amounts from all
sources of income;
Expenditure of the union or the employer association;
Activities of the union or the employer association;
Number of members.
b) Provide details of its bank accounts within 45 (forty-five) days following receipt
of registration.
c) Update the information required by this law and whenever changes are made
thereto, within 15 (fifteen) working days except change of membership.
Article 18: In the event that a union or the employer association has not fulfilled the
obligations stipulated in Article 17 of this law, the Ministry in charge of Labor shall
send the first notification to the union or the employer association for correction
within 45 (forty-five) days following receipt of the notification.
In case of failure in the first notification, the Ministry in charge of Labor shall give
the second notification to the union or the employer association for correction
within 15 (fifteen days) following receipt of the notification.
In the event that a union or the employer association fails to comply with the
second notification, the Ministry in charge of Labor can send a second notification to
the union or the employer association for correction within 30 (thirty) days following
receipt of the notification.
In the event that a union or the employer association fails to comply with the second
notification, the Ministry in charge of Labor can file a lawsuit to the Labor Court for
revocation of registration of the union or the employer association.
Article 19: The Labor Court has the authority to revoke registration. The Ministry in
charge of Labor can file a lawsuit to the labor court for revocation of the registration
of a union or the employer association.
Registration is automatically revoked in the event of dissolution of a union or the
employer association.
Comments: The grounds for revocation included in draft article 17 may exceed the permissible
grounds for restrictions on the right to freedom of association contained in paragraph 2 of article
22 of the ICCPR and article 8 of the ICESCR, which establish the right to form and join trade
unions for the protection of his interests with no restrictions “other than those prescribed by law
and which are necessary in a democratic society in the interests of national security or public
order or for the protection of the rights and freedoms of others.” The CFA/ILO has established
that measures of supervision over the administration of trade unions may be useful if they are
employed only to prevent abuses and to protect the members of the trade union against
mismanagement of their funds, such as a requirement to present financial statements annually.
OHCHR welcomes the removal of the need to submit the number of the members of the union
or the employer association within 15 working days, as the number of members could change
daily and reporting it so frequently may have been excessive.
OHCHR welcomes the provision for the creation of a Labor Court in Cambodia, which in draft
article 19 is given the authority to take decisions on motions by the Ministry of Labor for the
revocation of registration. OHCHR welcomes the explicit establishment of a right of appeal to
that court.
15
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