Tuesday, 20 April 2010

Fired NagaWorld staff to file labour complaint


via CAAI News Media

Monday, 19 April 2010 15:02 Sam Rith

WORKERS who were fired from their jobs at NagaWorld Hotel and Casino last week are expected to meet today to prepare a complaint to be filed with the Ministry of Labour, a leader of the entertainment complex’s 1,000-member union said Sunday.

Sok Narith, vice president of the Cambodia Tourism and Service Workers Federation, said that 41 workers had been fired without cause on April 12 and April 13.

“We want the company to obey the Labour Law and give the workers a suitable reason before firing them,” he said.

Article 75 of the Labour Law states that a “labour contract of unspecified duration can be terminated at will by one of the contracting parties”, but that the party terminating the contract must provide prior notice in writing. For workers who have been with a company for less than six months, notice must be received seven days in advance, while those who have been employed for between two and five years are entitled to one month’s notice.

The article also states that layoffs cannot be carried out “without a valid reason relating to the worker’s aptitude or behaviour, based on the requirements of the operation of the enterprise, establishment or group”.

San Molita, one of the workers who was fired, said the company told her that her contract had expired, but that she was under the impression that employees who had been with NagaWorld for more than two years would automatically have their contracts extended.

She said 38 workers had been fired on April 12, and that the other three were fired April 13.

Sok Narith said he viewed the recent round of firings as a “threat to the union”, adding that they recalled NagaWorld’s decision to fire 14 staffers in February 2009, a move that led to a prolonged public battle between the union and company management.

The union said that the 14 workers had been fired due to a dispute over bonuses, though NagaWorld has said they were dismissed because of poor job performance.

On February 16, the Secretariat of the Arbitration Council, a conflict-resolution body associated with the Ministry of Labour, issued a verdict instructing NagaWorld to allow union members to carry out their activities on company premises and to reinstate four of the workers. That ruling, however, is nonbinding, and the company has refused to abide by it.

The other 10 workers are no longer seeking to get their jobs back, Sok Narith said.

Gregory Goh, NagaWorld’s human resources director, declined to comment Sunday.

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