Social dialogue for fair and effective labour migration governance in Cambodia
The Labour Migration Policy (LMP) in Cambodia exemplifies successful social partner involvement in drafting an evidence-based and tripartite-informed policy that focuses on protecting nationals migrating abroad for work. Recognising that labour migration contributes to inclusive and sustainable economic growth, poverty alleviation, and improved livelihoods, the Government of the Kingdom of Cambodia is currently upgrading its labour migration policy in collaboration with tripartite-plus partners (tripartite partners and civil society actors) to a national policy. The fourth phase of the labour migration policy, operating within the time frame of 2025-2034, builds on previous phases (2010-2014, 2015-2018, and 2019-2023) that were led by the Ministry of Labour and Vocational Training (MLVT). The new phase contributes to achieving the Global Compact for Migration and the Sustainable Development Goals.
The MLVT with ILO support, has involved a broad base of stakeholders, including workers’ and employers’ organisations, other line ministries, civil society organisations, UN agencies, and academia, in the formulation, implementation and review of the various phases of the labour migration policy.
In the development of the fourth phase of the LMP, MLVT conducted two tripartite-plus consultations with three more planned for the last quarter of 2024 with support from the ILO. This series of meetings aim to
- Assess the progress and effectiveness of the previous LMP (2019-2023).
- Discuss recent trends in labour migration and how to respond to emerging issues.
- Ensure that social partners concerns are duly considered.
On June 16, 2022, the Ministry of Labour and Vocational Training (MLVT) and the ILO TRIANGLE programme hosted the “Tripartite-plus workshop to develop the National Action Plan to implement the 2017 ASEAN Consensus, and to discuss ongoing implementation of the LMP 2019-2023”. As part of the workshop, MLVT reported on the implementation of the policy noting a few outstanding areas, namely training of labour attachés, updating of pre-departure rights awareness materials, and implementation of the ‘’ASEAN Guidelines on Effective Return and Reintegration of Migrant Workers”.
On 24 March 2023, another tripartite-plus stakeholder consultation was organised by MLVT and the TRIANGLE programme on “Reviewing the Implementation of the LMP for Cambodia 2019-2023”. During the consultation, an assessment based on more than 50 stakeholder interviews, was presented. Participants discussed accomplishments, key challenges, lessons learnt and forward-looking recommendations towards drafting the new LMP 2025-2034.
The 2025-2034 LMP will be upgraded from a ministerial to a national-level policy, with national budget allocation, clear roles and responsibilities for various line ministries, and a monitoring and evaluation framework. The evaluation framework will include a real-time digital monitoring and evaluation system integrating data from recruitment agencies, labour attachés and destination countries to track labour migration trends and to be able to make data-driven policy adjustments. As the previous phases, the 2025-2034 policy focuses on three main pillars:
- Strengthening labour migration governance frameworks and implementation.
- Protection and promotion of the rights of all migrant workers.
- Harnessing labour migration to maximise social and economic development.
Further, the policy will address the unique challenges faced by female migrant workers and support gender-sensitive legal frameworks, safe migration pathways, and access to reproductive health services.
Both at the regional and national levels, the crucial role that social partners play in developing frameworks, policies, and laws has been strongly recognised in the ASEAN region. At the regional level, the ASEAN Forum on Migrant Labour (AFML) provides tripartite-plus partners with a platform to discuss developments related to labour migration, agree on priorities, and provide strategic guidance for national-level implementation. For example, during the 16th AFML in October 2023, tripartite partners discussed measures to enhance the effectiveness of legal pathways for labour migration in ASEAN. This included improving labour migration programmes and making legal migration pathways inclusive and responsive to the labour market.
One of the key priorities discussed was the strengthening of fair recruitment practices, such as digitalising recruitment, deployment, admission processes, working towards prohibiting the charging of recruitment fees and related costs to migrant workers, allowing migrant workers to change employers, and providing standard employment contracts.
Moving forward, the Government of the Kingdom of Cambodia plans to strengthen regional collaboration through bilateral and multilateral agreements with ASEAN countries to streamline labour mobility, improve data sharing, and promote standardised labour practices. Cambodia aims to strengthen cross-border worker protections, particularly for migrant workers in an irregular situation. Further, the private sector’s role in skill development should be emphasised. Private companies, particularly in growing industries like manufacturing and services, should be incentivised to offer training programmes improving the employability of Cambodian workers both at home and abroad.
Cambodia is actively contributing to regional-level priorities that were agreed upon at the ASEAN Forum on Migrant Labour (AFML). For example, tripartite partners from Cambodia convened an extensive discussion during a Cambodian National Tripartite Preparatory Workshop in September 2023, ahead of the AFML meeting in October 2023, to agree on national priorities (ILO, 2023).
Regarding fair recruitment, one of the priorities identified by the AFML, the LMP outlines several measures involving social partners.
The first objective, “Strengthening Labour Migration Governance Frameworks and Implementation”, emphasises the importance of including social partners in the development of laws and regulations and foresees the following measures to support fair recruitment:
- Tripartite-plus partners should be consulted to adopt the new Labour Migration Law, which promotes fair recruitment by eliminating worker-paid recruitment fees and holding recruitment agencies accountable for violations of national legislation at any stage of the recruitment and employment process for Cambodian workers.
- Private recruitment agencies should be regulated through operating licenses that require adherence to the legal framework, training attendance, passing examinations, and participation in grading competitions.
- Private recruitment agencies should appoint a representative in destination countries to ensure that migrant workers are not denied their rights to freedom of association and collective bargaining.
- Migrant Resource Centres (MRCs) should be supported and new ones established to enhance the effectiveness of complaints mechanisms, provide legal aid, and disseminate information. These measures will lead to further strengthening of fair recruitment practices.
Mr. Ath Thorn, former President of the Cambodia Labour Confederation (CLC) underlined the need to protect the rights of Cambodian migrant workers throughout the migration cycle. He highlighted the importance of enhancing formal complaint mechanisms to address grievances against private recruitment agencies and employers, both within Cambodia and in destination countries. Furthermore, he reaffirmed that the CLC is “committed to improving these complaint mechanisms and ensuring that organisations responsible for handling complaints effectively coordinate with the Provincial Department of Labour and Vocational Training or the MLVT to resolve issues.”
Recognising the benefits of tripartite-plus consultation in developing the updated labour migration policy – particularly for protecting migrant workers’ rights and bolstering socio-economic growth – Mr. Sokchar Mom, Director of Legal Support for Children and Women (LSCW) in Cambodia, emphasised the need to regulate recruitment fees and related costs. He stressed the importance of clearly defining fee categories and specifying what costs can be charged to employers versus workers.
Ms. Hany Fiya, Director of Phnom Srey Organization for Development (PSOD), who oversees the Migrant Worker Resource Centre (MRC) in Kampong Cham, Cambodia, emphasised the need to impose stringent penalties on unlicensed recruitment agencies and licensed recruitment agencies that exploit migrant workers. This is essential for addressing irregular migration and promoting fair recruitment practices.
The second objective of the LMP, “Protection and Promotion of the Rights of all Migrant Workers”, includes the following measures to enhance fair recruitment:
- The role of labour attachés and the access to complaint mechanisms should be strengthened so that migrant workers can receive compensation, damages and restitution when their rights are violated.
- Moreover, information on safe labour migration and the rights of migrant workers should be improved. This can be done by creating better pre-departure training materials with input from tripartite-plus partners and involving recruitment agencies, workers’ organisations, and civil society organisations (CSOs) in delivering the training.
Finally, the third objective on “Enhancing the Social and Economic Development Impact of Labour Migration”, the following is envisaged to strengthen fair recruitment:
- Employers should be consulted so that labour migration and fair recruitment contribute to labour market functionality. To this end, dialogues should be initiated with governments and employer representatives in countries of destination to identify labour market demands, including the technical and vocational skills that are needed in specific sectors. These dialogues should also support skills recognition systems, with special attention to both male- and female-dominated sectors, as well as creating opportunities for migrants with disabilities.
- Mutual Skills Recognition shall be enhanced so that it can be accredited across ASEAN. This will allow Cambodian workers to match their skills with the labour demands of the destination countries, ensuring they are fairly compensated. Skills certification should also focus on addressing gender disparities and integrating vulnerable groups, such as persons with disabilities, into the labour market.
Key Lessons
Tripartite consultation mechanisms have been established at both regional and national levels within the ASEAN region shaping frameworks, policies, and laws.
Since 2010, tripartite-plus partners in Cambodia have played a crucial role in designing, implementing, monitoring, and evaluating the four phases of the labour migration policy.
Unfair recruitment practices rarely lead to decent work. Placing fair recruitment at the heart of Cambodia’s LMP is a crucial step towards improving decent work for migrant workers.
Workers’ organisations and civil society organisations have been instrumental in enhancing service provision, including pre-departure information, access to legal aid, and referrals to protection services.
Employers’ organisations are crucial in identifying labour market needs and skills gaps, ensuring that labour migration contributes effectively to labour market functionality.
Read the full report
Download the Global Deal Flagship Report 2022 for the full version of this case study, plus 12 others examining the work carried out by Global Deal partners and the voluntary commitments made to promote social dialogue in addressing global-labour market challenges.
