អនុសញ្ញារួម រវាងសហជីពកម្មករនិយោជិតសណ្ឋាគារកាំបូឌីយ៉ាណា និងនិយោជកនៃក្រុមហ៊ុន សណ្ឋាគារកាំបូឌីយ៉ាណា COLLECTIVE BARGAINING AGREEMENT Between Cambodiana Employees Union And Management And Ownership Of Hotel Cambodiana, Phnom Penh
To apply from 01 January 2011 to 31 December 20112
Introduction (Introduction)
Collective agreement is an agreement in writing between the Hotel Maria who addresses
No. 313 Street history, and which will be referred to as "hotel"
And
Workers Union Hotel
Located in Hotel
Which will be referred to as "union" in order to build a good relationship and working partnership between trade unions and employers to improve work condition of the laws to enforce discipline and responsibility at work. Moreover, collective bargaining refers promote effective work and reputation of the company and to protect labor dispute that may occur and to protect the interests both parties are employer and workers. Union Workers Hotel Ya and managing Hotel Ya agreed on terms following
This agreement recognizes the Labour Law of the Kingdom of Cambodia as a minimum standard, and do not have any points in this agreement is contrary to the law. Every point that is not provided for in this Agreement applies to rules on the work of the Kingdom of Cambodia. Union and company negotiated with honesty, especially respecting the procedures of negotiations.
Clause 1: union recognition (Recognition of Union)
A. Employers recognize unions, which is a representative who had been recognized by the Ministry of Labour and vocational surgery letter registered No. 413 enemies of the nation. CVA dated 27 January 2013, a party only has the right to represent the workers and making agreements with employers, including collective bargaining and collective agreement is valid covered workers All employees of the company.
B. All workers, all of the participants worked in Hotel Ya Penh has a right to fully participate with union members, except the participants senior like you have the right to select you have the right to stop the punishment and warned workers not allowed to enter a union members and not covered by collective bargaining this, like you, who are in grades L4B up. Workers such as workers in the period tested workers employers Chim responded Interim your internship and workers, employees who hold positions that confidentiality is also not allowed to join the union as well (L4B-L1) must resign from union members and unions must agree to the resignation this.
Article 2: Rights Union (Union Right)
. Only chief deputy secretary general unions or representatives designated that as a close union bosses are most were four (4) people can meet, deal appeal with workers and employers, each time there is a problem, and employers do not cut wages bonus for chief deputy General Secretary of the General Finance New neck and workers whenever meeting resolve appeals.
C. Provide time to work union 2 hours in 2 weeks, every Saturday and weekend for union leaders to work union, which has the maximum of 5 people and provide time for to attend courses training with NGOs government at federal or union workers tourism services Cambodia maximum 7 working days per year, with wages when there letter invited. And employers The deduction does bonus for union president, vice secretary of Chom akkoheronhnhik and two advisors (6 total) when they do unions.
D. Unions can use the training room for the meeting, after binding to alert management, hotel 48 hours. All meetings of the Union must have the permission of the management of the hotel first case that meeting affect the working hours of the hotel. Union foe officially requested about the principle of the meeting and the list participants offer office resources people so that leaders approve, upon request. Office HR will notice Tao Chief to adjust workers to meetings along the.
. Unions show invitations and participants to the employer as soon as possible, before working out training program after being invited.
. Hotels are not allowed to represent any or any lawyer that from any federal or enter in any of the hotels in order in any way without permission from management. Hotel reserves the right to agree or not agree on such proposals tamnoeng union will make a formal request to the hotel in advance before inviting. This training is conducted outside of their working hours.
Years. Employers are not union interference threatening intimidation, discrimination comfort or encourage union leaders, and be entitled to Workers union leaders free and fair. (Part of the same union)
. Must provide a room table 1 seat 1 board 1 for union use the library and union recipient health to find a book of laws and documents health education and is preparing a book of laws and documents deposited in the library for their reading time outside working hours (working hours from 8 am to 5 pm from Monday to Friday). Workers can enter the library, but only part-time work. If any workers into the library in working hours, disciplinary measures will be applied to the employees, then the other.
L. Members and employers must meet a minimum of 1 month to discuss jobs and maintain redundant links between unions and employers.
Clause 3: false morality and dignity in work
. Employers need to provide guidance to middle-level managers and lower use of inappropriate behavior or words on workers in subordinate. The workers at the employees must use appropriate behavior to employers and its Board of Management.
B. Any insult or activities contempt from managers any one employer must provide a warning 1 or 2 times to affiliate the picture, and if you manage images that continue business and that the other members to be eligible tti provide this information to employers have. Disciplinary measures to be imposed on managers, depending on the employer.
Clause 4: infirmary in hotel
. Hotels and maintain current nurse hotel is located in the area. Infirmary must be clean, no smoke smell is light enough no loud noise, no dust and air enough. Each bed must have adequate equipment. Infirmary was there pharmaceuticals enough and stationed by the infirmary or nurses the nurse 1 picture that work. Cases where workers need treatment, he could use center Al Hospital American Kang, located in the hotel, and that opening reception 24 hours a day, 7 days a week or go to the hospital utilized in the after consultations and received approval from the infirmary or nurse nurse's hotel.
B. Knou the infirmary must have boilers and cold water 1 container glass utensils bearing glass desk 1 chair has a referral 4 filing cabinet 1 cabinet medicine 1 equipment killed symptoms (SterListeur) 1, and an electric power enough to use tools to kill germs and cars driving equipment other as stated in the Annex of Declaration No 33 0.
C. Infirmary medical equipment must have adequate cushions, tallying and herbs of all kinds, as set out in Appendix covenant of post No. 330 and all medical services and medicine in the hotel was made by Kim and without prejudice to any worker.
. For workers who was sick (all mau) workers are allowed medical leave mau with respect to the following principles:
- 1st Win a 100% (one hundred percent) and other incidentals.
- 2 and 3 get paid 60% (sixty percent) and bta nsaouh other.
- 4th month till 6th month do not get paid.
- Case workers more than six (6) months, employers have the right to consider stopping.
Clause 5: hiring workers to serve
.
Each contract for workers is in line with labor laws. Employers must provide collective bargaining to workers when contract worker and the employer must inform the employee that only union that can represent all workers of the hotel.
Contract was made following
1. Each contract workers must be a contract of unlimited duration.
But employers have the right to help workers through the contract period based on the hotel's level of business activity and seasonal needs one. Contract Duration can not exceed two years.
- Any contract HR office has an obligation to offer a
Letter provinces registered contract to Applicant 01 laws if unions found or workers came reports approximately 6 told unions that office human resources not provided a letter contract to them union request required letter contract from office by HR to Plans offer them.
* Special Convention for 01-01-2011 to 31-12-2012:
1 for workers in the contract period (2 years) for the first time
For these workers, management reserves the right to not renew their contracts. Regulations and conditions contained in this contract is to implement these contracts ended.
2 Workers in Contract Duration resumed again (over 2 years)
Contracts for these workers will be a contract of limited duration. Seniority of workers each and calculated since the start of a limited-duration contract with the last contract. Contractual salary as stipulated in this contract determined not been paid for the workers that their contracts switched from fixed-duration contracts into contracts of limited duration. (According to the Labor Law)
B. Employers must ensure safe work and not foe eviction ended contract computer contract or put the means for workers unfairly illegal and without cause proper place. Employer must not discriminate against workers who apply served based on ethnicity, religion, age, sex, and join the union, however.
D. Seniority foe recognized as every year.
. Seniority is counted since entering test or temporarily come to the workers who had recently and from work and for workers that are continuing contract. Employer is giving us a chance to reach workers who are qualified vocational high priority get a particular job and promoted. The promotion is based on qualifications and vocational qualifications.
. Suspension with economic issues employers must be carried out in accordance with Article 95 of the Labour Law before taking action.
F. Employer is informed of acceptance workers to come to work again through the keyboard release of hotel and inform the workers at the employees who have the list called to explorers back first to 2 weeks before the new job was announced missionaries publicly.
. Workers under the trainee's demand at employers will be normal wage, including overtime if training for more than 8 hours in 1 day. Workers who may acquire training outside the workplace must be paid enough to supply all the mission costs related to training, including travel, accommodation and meals other marginal costs.
L. Older workers or those who have experience with priority rights to apply for a position or a vacuum that employers seeking for the place before and recruited workers from outside.
Clause 6: changing jobs and changing skills
A. Changing this is changing workload measures or provisions in the change of the work of workers from one part to another part. Changing work this read applicable, unless the worker who is involved agreed to change without coercion from the employer or from the head of that. Cases where workers the employees do not agree to the changes, unions can contribute to finding solutions to the legal.
B. If a change was made in accordance with the provisions above, workers and not get paid less than the wages received earlier changes this. Changing workers from one part to another part is based on principles similar skill or similar and status will be intact.
C. No circumstances any employer drop the status of workers, as the changes work. Drop status is strictly prohibited except for the reason that they lack capacity.
Clause 7: working hours and overtime
. Normal working hours will be subject to the provisions of the Labor Law.
B. Workers who work in the same skills and the same role can change shifts worked by rotating applications to managers as part of its three days before the change is made. (With the consent of the Chief)
C. Monthly schedules are provided to all parts to penetrate at least 7 days. Annual vacation holidays such a special holiday and other leave requested by the workers are required to be approved by management of each division before the holidays start.
D. Workers must receive food Kim bargain two (2) time for a period of 8 hours of shift work each plus the rotation and will get food, two (2) When does Kim bargain if they work shifts isolating or working overtime more than 5 hours and up.
.
Daily wage = (monthly salary) multiplied by 12 months and 52 weeks and 6 days.
Hourly wages are wage = five days and 8 hours.
. Workers who work on National holidays and holiday shifts to get the holiday on another day instead.
- Workers who turn their foe ended after 10pm employers and provide a vehicle for the home.
- All workers will get paid 1.50 (one-half) of the base salary for overtime wages and wages for working at night (from 10 pm to 5 am).
Added:
- All overtime work must be done by volunteer foster provincial and without coercion by employees and head.
- All work overtime and be paid $ 1 per hour ($ 1 = 1 hour) for employees with unlimited contracts of the hotel.
- All work at night will be Win a = 1.50 (150%)
(For example, pay $ 75 X12 X 1 X 0.50 = $ 1.44) of the base salary, 52 weeks x 6 days
For indentured workers unlimited Hotel.
Years. Retirement ៈ
- Workers aged 50 years and above are eligible for retirement.
- Workers aged 55 years and be retired automatically
- Employers are required to pay to retired workers, equivalent to 22 days of salary each year worked. Calculation is proportional to the worker's seniority and each of the employees.
- For workers who retire, and employers can consider to serve the new contract is a contract for a short period.
. Death of workers, employees Matak
- All workers who tuom public by any means, and where the employer will provide a subsidy following
- Sponsorship for the funeral of 500 (five hundred) dollar America
- For sponsored family members of 500 (five hundred) dollar America
- For Social Work 500 (five hundred) dollar American members of sports clubs and Cambodiana.
Clause 8: Holidays and Holiday Holiday
. National holiday in an annual holiday that is offered during the election will be provided to all employees without cutting wages, bonuses or other benefits.
A). Workers whose work was three years in a row since the beginning contract final next-duration will be get the holiday annual 19 day, 1 day more knowledge throw every dance al three years. Executive porcelain from completes a 6-year workers and get the workers holiday 20 days and there on.
B). Holiday only 12 days of unused empire may be delayed for the following year.
Conditions nd
1 you do not get 50 percent of the monthly wage Prague for a maximum period of 90 days or 100 days, comes with a health certificate (Certificate).
2. Informed the Office of Human Resources, 8 days before infection Basin.
3. When that pregnancy must inform the Office of Human Resources.
4. Must provide your child's birth certificate to the Office of Human Resources, when returning to work.
5. Not allowed to work night shift from 22 till 5 lit.
Based on voluntary instruments and based on the hotel's own decision, hotels and provide additional benefits to help its workers who are maternity leave.
. Holiday period of maximum 6 months, only 4 weeks holiday per year treatment with wages. All sick leave must have a prescription from a doctor who recognized download Hotel. Employers and workers pay all employers in the event that it involves work.
. Holiday apply as stated above shall apply provided free Kim bargain from the Office of Human Resources. Urgent cases did not foresee any such letter or the general era human resources office or chief.
Years. Rluot Cor seats
- Workers who rluot children and a certificate from the medical profession, employers and surgery offers holiday 1 month, with wages and benefits to workers. Employers allow workers to apply for the extra holiday 1 month without wages.
- Case workers rluot employer while on assignment and is responsible for helping hospitalized.
Article 9: Wages
A. Wage base determined according to their field of position and depends on the table divided wages hotel. Hotels and think considering to base the report pay increases radius yearly to workers, employees at the end of each, according to the UN inflation and economic growth, ie, according to the rates of goods for consumers (CPI) and the installation of salary pagoda bar is think from Day 1 of the new year.
B. Employers are open Carmel currency wage workers who are required by law at the end of each month. Wages, including overtime wages national working night shift and the other secondary. Paper Carmel wages was written in Khmer-mentioned uncertainty about the number of hours used to build the basic wage rate in each month following nominal interest on contributions into union bank accounts and the remaining annual holiday vacation.
C. Employer Contributions union letter signed by their own employees, each worker. The contribution may be revoked at any time by individual workers. Petition to cut wages in the Human Resources Office at the request of the workers. When the union informed about union's accounting office financial resources and employers, this information will be published on the notice board of the hotel.
. Employers and increased pay employees, according to the result of the worker's performance.
- The union side agreed planning and reduce spending waste workers at the employees, such as food, water, electricity, fruit and for breakage of the hotel.
Article 10: Discipline and dismissal
. Employers and comply with the regulations of the hotel for the discipline and dismissal from work.
B. Workers can see documenting its in office bank human resources by the present head of human resources. Workers are not allowed to take your files out of the office HR will not see the set documents the workers and close others.
Article 11: Procedures for handling appeals (litigation)
Procedures to appeal document is attached in Appendix "B".
Clause 12: Strike and Radio Outlet
. Unions are led strike illegal yet. To resolve all issues at union was asked to discuss with the employer or the employer asked to discuss with the union when either party asked for talks with the other party must meet government council as soon as that American Disconnect possible. Both sides must apply tension procedures defined in the law and the strike is the union's latest choice (Law and Circular No. 005).
B. Unions have the right to strike, the employer has the right radio lockout in accordance with the Labour Law and the number 005.
Clause 13: occupational safety, environmental and social order
. Bathroom toilet follow 052 rooms are clean with regular cleaning and hygiene.
B. Emergency entrances trained to extinguish a fire and emergency escape training materials with the rules for safe workers.
D. Safe seen good union jobs are reported to the employer immediately to take action.
. Where workers clean and cleaned regularly by day.
Years. Employers provide a uniform 3 for 1 pair of shoes in 1 year to maintain safe equipment at their functions. Uniforms and shoes will be changed when torn and damaged. Uniforms and shoes are not allowed to use outside of the hotel.
Clause 14: The effect of collective bargaining
Hotel change or the owner or management company of the others, the collective agreement is still valid.
Clause 15: The implementation period and an amendment on collective bargaining
. The collective has a period of 2 years is from 01 months in 2011 and the need to negotiate again 3 months before the convention ends validity.
B. During collective bargaining, employers of hotel workers and unions and workers Hotel Ya do not have the right to request modifications or amendments to these regulations in any manner whatsoever.
Article 16: Final provisions
Bargaining, starting on 01 January 2011. Any rules or regulations that are contrary to the Convention including Tunisia Yala instruments.
Bargaining is conducted two languages English and Khmer with equal value.
......... 22. ..... December ... the year 2010
Management union workers
Hotel Hotel Cambodiana
__________________________ _____________________________
Pierre B. So Phat
Hotel managers. Union president
__________________________ _____________________________
September Beloved Princess Nut Rany
________________________________________________________
Her glasses compatible Mali Mexico
Witnesses union akkoheronhnhik
________________________________________________________
Ma rich San Prov kr_t
Legal consultants union akkoheronhnhik
Registered No. 265 / cases /.
.30 .. Month .. December .. 2010 Confederation tourism services
Director of labor disputes
___________________________
Sok Narith
. Federation president
____________________________
He planted So Phat
Chairman of the committee to solve disputes
And negotiation skills
Appendix "A"
APPENDIX A
Administration
General Manager
Resident Manager
Executive Assistant Manager
Financial Coordinator
Human Resource Manager
Director of Sale
Executive Secretary
Sale and Marketing
Senior Sale Manager
Sale Executive
All sale position
Public Relation Executive
Accounting, Finance, Purchasing
Assistant Financial Controller
Purchasing Manager
Purchasing Officer
Cost Controller
Credit Manager
Income Auditor
Assistant Income Auditor
Accounts Assistant
Personnel
Assistant Personal Manager
Personnel officer
Front Officer
Assistant Personnel Manager
Personnel officers
Front Office
Front Office Manager
Assistant Front Office Manager
Night Manager
Engineering
Chief Engineering
Assistant Chief Manager
Assistant Housekeeping
Food and Beverage
Executive Chef
Executive Sous Chef
Sous Chef
Chief Backer
Junior Sous Chef
Food and Beverage Manager
Assistant Food and Beverage Manager
Restaurant Food and Beverage Manager
Restaurant Manager
Assistant Manager
Assistant Restaurant Manager
Security
Security Manager
