Passtra University of Cambodia Subject: Labor and Industrial relation Lecturer: Io RO Take Home Mid-Term Exam Prepared by:

Sor Atithvity ID: 11137

Name: Sor Atithvity

Pannassastra University of Cambodia

Answer Sheet
I What is labor and industrial relation? A. Industrial relation is a multidisciplinary field that studies the employment relationship. Industrial relations studies examine various employment situations, not just ones with a unionized workforce. Labor relation is the study and practice of managing unionized employment situations. It is frequently a subarea within human resource management and it typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics. So Labor and industrial relation refer to the relationship between employers and employees which are enclosed under the collective bargaining agreement and industrial relation law. Normally, the term industrial relations is used to cover such aspects of industrial life as trade unionism, collective bargaining, workers participation in management, discipline and grievance handling, industrial disputes and interpretation of labor laws and rules and code of conduct. There are power resource available, interest of difference pay, and conflict between union and employees.

Name: Sor Atithvity

Pannassastra University of Cambodia

II. Address the role of key parties involved in labor and industrial relation? A. There are five parties who involve in labor and industrial relation which are employee (labor union +Trade Union), employer (Association), government, Worker& Management, and arbitration. a) EMPLOYEE (labor union + Trade): understand all the internal regulation, obey all of it, and be on time making sure that you know when the meetings will is occurring. Prevent damaging or waste the company asset. b) Enterprise or Employer Association: Plan management; allocate all the people with their skill, just like a city need road. Provide information for the employee. c) Government Institute: look after all the employee from cheating or working over time without paying properly or we call it government intervention. And try to make more investor to invest in Cambodia in order to create more jobs and increase government budget. d) Workers and Management: worker needs a man to talk with their boss they cannot go directly to the bosss office because it will make your boss scare and just ignore the entire offer. So we need to create a union to protect them self and to negotiate with the boss. e) Arbitration: a man that stay in the middle between the employee and the employer, when there is problem occur there have to observe and investigate and find the justice for them. enough

Name: Sor Atithvity

Pannassastra University of Cambodia

III. Explain specific and unspecific labor contracts? A. Also known as a labor agreement, a labor contract is a binding legal agreement that establishes the rules and regulations that will govern the relationship between an employer and an employee. The terms of the contract include both the rights and the responsibilities of each party, and the opportunities to seek redress or remedy in the event that one party fails to live up to the obligations stipulated within the contract terms. Contract can be written or oral and classified in to two types known as Specified contract (Determined Contract) and unspecified duration contract (undetermined duration contract). a) Specific labor contract or determined contract: is the contract that has revealed the start and the leaving condition. And it is not longer than 2 year. The contract is defined as specified contract unless; the contract is written and retains precise commencement and termination date, duration, including any renewal period does not exceed two year; on the other hand, the specified contract can be terminated prematurely only if; both parties are in the agreement, made in writing and signed in the presence of the labor inspector. b) Unspecified Contract or Undetermined Contract: is considering as a season or period work performance. it is opposite with specific contract if any of the condition like the specific contract it will not count as unspecified contract; furthermore, unspecified contract can be included as: Part-time employee, Casual Employee, Volunteers, interns, and trainees.

Termination of Unspecified duration contracts An employer can terminate an UDC for any reason relating to the employees aptitude or behavior, or based on the requirements of the organization. A downturn in the organizations finances constitutes a valid reason for termination. An employee can terminate an UDC for any reason. Both the employer and the employee must give prior written notice when terminating an UDC.

Name: Sor Atithvity

Pannassastra University of Cambodia

The notice period is determined by the length of continuous service as follows: Less than 6 months of service: 7 days notice, 6 months to 2 years of service: 15 days notice, 2 years to 5 years of service: 1 month notice, 5 years to 10 years of service: 2 months notice, 10 years and greater: 3 months notice

Throughout the notice period, each party is obligated to perform their contractual duties. If the organization terminates the contract without observing the proper notice period, it must pay the employee the wages that would have been earned during the proper notice period. The law is silent on the consequences of the employee failing to give proper notice.

Name: Sor Atithvity

Pannassastra University of Cambodia

IV. Why worker join unions? A. Social pressure has also been instrumental in causing workers to join unions. According to Maslow, we are most actively motivated by our unsatisfied needs. When a need is more and more People need higher level of need which up until then have failed to motivate simply because mans attention has been devoted to satisfying his more pressing, lower needs. Maslows theory addresses the need to satisfy physiological needs, safety, Social needs -belong, association, acceptance by others. Self-fulfillment needs for realization of ones own potential and for being as

creative as possible. In capsule form, Maslows theory points out why workers join unions. Research has also shown that employee dissatisfaction with the extent of gratification of Safety, Social, Self-esteem needs has motivated many workers to join unions. Some people want to have a direct voice in union election procedures, in decisions that affect them in their working environment. A limited number of employees seek participation in the union for status and self-fulfillment. They join with the hope of gaining and retaining positions of authority within the union officer hierarchy.

Name: Sor Atithvity

Pannassastra University of Cambodia

V. . Explain fundamental principle of labor union? A. There are four fundamental of labor unions which are: Legitimacy (law): in order to work well between employer and employee we

need law to expressed that they can extend their work with the belief that they could use legitimacy as a lance to see the labor movement a new. Solidarity: honest, sharing value of working is the thing that needed the most

in the work place. All the employees need to be honest with company so that the company can be survive in long term and the employee can save their job instead of afraid of losing their job. Independent: labor union was created in the purpose of helping and protect

employee, so if it was owe by someone it will no longer useful. Democracy: is the way of expressing their opinion just like voting for a

representative of a union majority was needed the most and all the employee have their right to choose.

Name: Sor Atithvity

Pannassastra University of Cambodia

VI. Explain an organization and establishment of labor union and employers association in Cambodia A. There are three level of Organization and establishment for labor union and employers association in Cambodia such as: a) Local: it is a ways of gathering people around your factory or work place to create 1 union in order to protect or negotiate with your boss. b) Union federation: it is way bigger than local. It gathering all the factory or work place in the province or city, and vote for a representative for them. c) national union confederation: it is way bigger than both Local and Union federation; on the other hand, it talking about the representative of the nation of a specific product or company.

Name: Sor Atithvity

Pannassastra University of Cambodia

VII. What is collective bargaining? A. Collective bargaining is a type of negotiation used by employees to work with their employers. During a collective bargaining period, workers' representatives approach the employer and attempt to negotiate a contract which both sides can agree with. Typical issues covered in a labor contract are hours, wages, benefits, working conditions, and the rules of the workplace. Once both sides have reached a contract that they find agreeable, it is signed and kept in place for a set period of time, most commonly three years. The final contract is called a collective bargaining agreement, to reflect the fact that it is the result of a collective bargaining effort. This will normally include procedures in respect of individual grievances disputes and discipline. Frequently, procedural agreements are put into the company rule book which provides information on the overall terms and conditions of employment and codes of behavior.

Name: Sor Atithvity

Pannassastra University of Cambodia

VIII.

Explain the collective bargaining process?

A. The collective bargaining process comprises of five core steps: 1. Prepare: a) the first phase involves composition of a negotiation team. b) The negotiation team should consist of representatives of both the parties with adequate knowledge and skills for negotiation. c) In this phase both the employers representatives and the union examine

their own situation in order to develop the issues that they believe will be most important. 2. Discuss: a) the parties decide the ground rules that will guide the negotiations. b) A process well begun is half done and this is no less true in case of collective bargaining. c) An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached. 3. Propose: brainstorming. The exchange of messages takes place and opinion of both the parties is sought. 4. Bargain: negotiations are easy if a problem solving attitude is adopted. This stage comprises the time when what ifs and supposals are set forth and the drafting of agreements take place.

5. Settlement: This stage is described as consisting of effective joint implementation of the agreement through shared visions, strategic planning and negotiated change.

Name: Sor Atithvity

Pannassastra University of Cambodia

References http://industrialrelations.naukrihub.com/process.html http://en.wikipedia.org/wiki/Solidarity_(Polish_trade_union) http://library.fes.de/pdf-files/bueros/singapur/07907.pdf Book Labor and Industrial relation, Arthur A.Sloan, Fred Witney 12 th edition.