[Cambodia] Hotels and casinos using forced labour face legal action

In Cambodia on September 27, Preah Sihanouk provincial authorities said that legal action will be taken against hotel and casino owners who use forced labour, or breach employment laws after authorities observed that some employers and employees were not following legal procedures or requirements, Khmer Times reports.

In a notification statement, Preah Sihanouk Governor Kuoch Chamroeun said some businesses have not yet complied with legal procedures which have led to labour disputes with the provincial administration after it received complaints and had to resolve a series of labour disputes.

He added that to resolve and reduce labour disputes effectively and in a timely manner - especially to prevent forced or obligatory work that may be human trafficking or sexual exploitation under the guise of employment - the Preah Sihanouk provincial administration will introduce the following measures as defined by law: forced or obligatory work is strictly prohibited, as is hiring people to work to reduce debts (Article 16 of the Labour Law).

Speaking to the Khmer Times on September 28, Preah Sihanouk provincial hall spokesman Kheang Phearom said that some employers were not obeying the law, which had led to labour disputes, and that there also appeared to be cases of human trafficking and/or sexual harassment, often occurring under the false guise of recruitment for work.

“We found that some labour disputes occurred due to a lack of agreements. If there is no contract, it means that it is a case of forced labour. This starts disputes, which is why the authorities will take legal action to resolve and reduce cases,” he said.

He appealed to the owners of casinos and hotels to take heed of this notification, immediately.

The statement added that the deduction of wages for the purpose of obtaining employment, whether directly or indirectly, to an employer, an employer’s representative or an intermediary, such as a recruitment agency, is prohibited (Article 126 of the Labour Law).

The provincial authority also said that any person who illegally removes another person for the purpose of sexual harassment, produces pornographic images, forces marriage against the victim’s will, adopts or carries out any other form of exploitation shall be punished by Article 10 of the Law on the Suppression of Human Trafficking and Sexual Exploitation.

It said that a person who arrests or detains another person without the order of the legal authority, or as permitted by law, shall be punished by Article 253 of the Penal Code.

According to Convention No. 29 of the International Labour Organisation and the laws of the Kingdom of Cambodia, the actions described above are crimes that are punishable and have serious aggravating circumstances because they are acts that harm humanity.

The provincial administration reportedly said it will take administrative and legal action against the owners of any hotel or casino involved - whether indirectly or directly - in detention, forced labour, or trafficking in the form of illegal immigrants for assigned work in any form.

If the owners of a hotel or casino are found to have committed any of these offences, Preah Sihanouk Provincial Administration will take action to suspend any and all business locations temporarily and in addition, shall build a case to be sent to court to punish those involved in accordance with the law. It also intends to request the Government to revoke any business licences held by the offending business owners and to do so permanently, if necessary.

Source: Khmer Times

(Quotes via original reporting)

In Cambodia on September 27, Preah Sihanouk provincial authorities said that legal action will be taken against hotel and casino owners who use forced labour, or breach employment laws after authorities observed that some employers and employees were not following legal procedures or requirements, Khmer Times reports.

In a notification statement, Preah Sihanouk Governor Kuoch Chamroeun said some businesses have not yet complied with legal procedures which have led to labour disputes with the provincial administration after it received complaints and had to resolve a series of labour disputes.

He added that to resolve and reduce labour disputes effectively and in a timely manner - especially to prevent forced or obligatory work that may be human trafficking or sexual exploitation under the guise of employment - the Preah Sihanouk provincial administration will introduce the following measures as defined by law: forced or obligatory work is strictly prohibited, as is hiring people to work to reduce debts (Article 16 of the Labour Law).

Speaking to the Khmer Times on September 28, Preah Sihanouk provincial hall spokesman Kheang Phearom said that some employers were not obeying the law, which had led to labour disputes, and that there also appeared to be cases of human trafficking and/or sexual harassment, often occurring under the false guise of recruitment for work.

“We found that some labour disputes occurred due to a lack of agreements. If there is no contract, it means that it is a case of forced labour. This starts disputes, which is why the authorities will take legal action to resolve and reduce cases,” he said.

He appealed to the owners of casinos and hotels to take heed of this notification, immediately.

The statement added that the deduction of wages for the purpose of obtaining employment, whether directly or indirectly, to an employer, an employer’s representative or an intermediary, such as a recruitment agency, is prohibited (Article 126 of the Labour Law).

The provincial authority also said that any person who illegally removes another person for the purpose of sexual harassment, produces pornographic images, forces marriage against the victim’s will, adopts or carries out any other form of exploitation shall be punished by Article 10 of the Law on the Suppression of Human Trafficking and Sexual Exploitation.

It said that a person who arrests or detains another person without the order of the legal authority, or as permitted by law, shall be punished by Article 253 of the Penal Code.

According to Convention No. 29 of the International Labour Organisation and the laws of the Kingdom of Cambodia, the actions described above are crimes that are punishable and have serious aggravating circumstances because they are acts that harm humanity.

The provincial administration reportedly said it will take administrative and legal action against the owners of any hotel or casino involved - whether indirectly or directly - in detention, forced labour, or trafficking in the form of illegal immigrants for assigned work in any form.

If the owners of a hotel or casino are found to have committed any of these offences, Preah Sihanouk Provincial Administration will take action to suspend any and all business locations temporarily and in addition, shall build a case to be sent to court to punish those involved in accordance with the law. It also intends to request the Government to revoke any business licences held by the offending business owners and to do so permanently, if necessary.

Source: Khmer Times

(Quotes via original reporting)