The Ministry of Labour and Vocational Training (“MLVT”) has recently issued important new guidelines regarding labor dispute re-conciliation procedures. These guidelines aim to enhance the effectiveness of labor dispute resolution and provide clarity on the re-conciliation process.

Key Changes in the Re-Conciliation Process

1. Timeline for Re-Conciliation Requests
– Parties have 2 working days after a failed initial conciliation to request re-conciliation
– The request must be:
– Made jointly by both parties
– Submitted in writing
– Addressed to the MLVT

2. Ministerial Authority
The MLVT has the discretion to:
– Appoint a new conciliator
– Change the existing conciliator
– Oversee the re-conciliation process in accordance with Labor Law procedures

3. Limitations on Further Conciliation
– If the re-conciliation attempt fails, parties cannot request additional conciliation
– Parties must proceed with other dispute resolution mechanisms as prescribed by law

Practical Implications
This new instruction brings several important changes to Cambodia’s labor dispute resolution framework:

1. Streamlined Timeline
The 2-day window for requesting re-conciliation ensures prompt handling of disputes.

2. Joint Agreement Requirement
Both parties must agree to pursue re-conciliation, promoting mutual commitment to the process.

3. Finality of Process
The limitation on further conciliation after a failed re-conciliation attempts helps prevent prolonged disputes.

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Note: This update is intended for informational purposes only and should not be construed as legal advice. Specific advice should be sought about your specific circumstances.