ច្បាប់ការងារនៃប្រទេសកម្ពុជា ជំពូក​ XVIII

TRANSITIONAL PROVISIONS

Article 390:

The provisions of this law are lawfully applicable to current individual labor contracts. However, workers are entitled to continue enjoying benefits granted them by their present contract when these benefits are more favorable than those they would have under this law.
The provisions of this law cannot be a reason for terminating a contract.

Article 391:

Any clause in a current contract that does not conform to the provisions of this law must be modified within six months from the promulgation of this law.

Article 392:

In a transitional period and until a date that shall be set by a Prakas (ministerial order) of the Ministry in Charge of Labor, all workers' unions can nominate candidates to the first round of shop steward elections without needing to prove their representativeness.
During the above period, the professional organizations of workers and employers claiming to be representative in their professional and geographic area can sign collective agreements covering the same jurisdiction. However, the validity of these agreements will end, at the latest, within one year after the date that the Prakas referred to in the first paragraph is published. Any renewal of the agreement or any new agreement can be made only within the framework of Article 96.
While waiting for professional organizations to be recognized as representative at the national level, the Minister in Charge of Labor shall select prominent figures (officials) credited with special merits in the domain of social affairs or in the area of occupation and employment to occupy the seats reserved for representatives of workers and employers.

Article 393:

In the absence of the post for Labor Inspectors, Labor Medical Inspectors and Labor Controllers, officials who are appointed to conduct inspections by the Minister in Charge of Labor shall carry out the functions and the duties of the Labor Inspectors, Labor Medical Inspectors and Labor Controllers as stipulated in this law.

Article 394:

Workers' unions and employers' associations that have already been created before this law coming into effect, must again complete the formalities in conformance with the provisions of this law.