Browsing by Author "Virak Prum"

Now showing 1 - 11 of 11

A Note on Constitutional Principle: Same Work, Same Wage?
(CamEd Business School, June 30, 2016) Virak Prum
This short article seeks to highlight the same work same wage principle enshrined in the Cambodian Constitution. It begins with a brief introduction on the meaning of the Constitution itself, followed by several approaches often used in statutory interpretation. Since an agreed definition of what constitutes same work still seems lacking in Cambodian system, the article relies on a comparative view to shed light on some directions this constitutional principle might take in the future. Keywords: Same work; Interpretation; Discrimination.
A Note on Legal Methods: Recent Caselaw in Cambodia
(CamEd Business School, December 30, 2018) Virak Prum
This article begins with a glance at what generally distinguishes public law from private law, then highlights the chief different origins of two main western legal traditions: common law and civil law. Although traditionally belonging to the civil law tradition, parts of Cambodian legal system have increasingly adopted and applied stare decisis legal method found in the common law too. This adoption is evidenced in the way the Arbitration Council (labor) has developed its jurisprudence over the years. I believe that the influence of stare decisis will steadily increase in Cambodia. Keywords: Common Law; Civil Law; Jurisprudence.
Change of Employer: Recent Cases on Job Security
(CamEd Business School, May 30, 2021) Virak Prum
Article 87 of the Labor Law 1997 as amended in 2018 reads: “If a change occurs in the legal status of the employer, such as by succession or inheritance, sale, merger or transference of fund to form a company, all employment contracts in effect on the day of the change remain binding between the new employer and the workers of the enterprise.” This short article reveals key conceptual understandings governing the logic of this law by analyzing two recent labor arbitration cases. Job security seems indeed guaranteed as a matter of law but more needs to be done. Keywords: change of employer; termination; job security
Constitution: A Glance at Fundamental Concepts
(CamEd Business School, December 30, 2020) Virak Prum
This article presents fundamental concepts related to the constitution, beginning with the assertion that the highest law of the land functions as the juridical statute of the state. While the second aspect concerns with various types of constitutions and how customs may aid in interpreting the constitution, the most critical concept is about the need to ensure the constitutionality of laws. It concludes with remarks on why a constitution is needed in the first place.
DON’T AIM FOR PROFIT. INSTEAD, CREATE CUSTOMERS!
(CamEd Business School, 2024-06-30) Virak Prum
Purpose of any business: It is well known that the purpose of a business is to create customers. Nothing else should matter as much. Peter Drucker, the well-regarded creator of management study as a distinct discipline, announced his wisdom early on when he published his The Practice of Management in 1954. There is, he wrote then, “only one valid definition of business purpose: to create a customer.” (p.37) Yet, it is not uncommon to find managers and economists so focused on profit maximization which leads them to prioritize on quick wins, neglecting the need for a more comprehensive strategy. True, business environment in the 1950s might have been quite different to what we are facing presently. Globalization and technological advancements have brought about new challenges and changing realities into the market, a phenomenon which could make long-term strategies less certain. But, even so, half a century after his famous book first appeared, in the revised edition of Management published in 2008, the assertion remained unchanged: “to maximize profits…is not only false, it is irrelevant.” (p.97)
Expanding Cambodian Labor Law Through Jurisprudence
(CamEd Business School, June 30, 2019) Virak Prum
This review summarizes two critical issues in the jurisprudence of labor law which have long been subject of recurring conflicts. It begins with recent cases on contract suspensions triggered by the so-called economic hardship. Then it discusses subordination issue. Drawing on jurisprudential implications from suspension and subordination cases, and if comparative law can be of any guide, I conclude that Cambodia labor law will keep on expanding through interpretations. Keywords: Suspension, Subordination, Jurisprudence.
Non-Competition Clause in the French Labor Law
(CamEd Business School, December 30, 2016) Virak Prum
This article primarily throws a glance at the essence of the non-competition clause in the French labor law. It does so by looking at the evolving jurisprudence on the requirements for the clause’s validity and their current application. Since the French had influenced the drafting process of Cambodia’s labor law, knowledge of French jurisprudence may become useful when handling competition-related disputes in Cambodia in the future. Keywords: Freedom, Non-competition, Jurisprudence.
Non-Competition Clause in the French Labor Law
(CamEd Business School, December 30, 2017) Virak Prum
This article primarily explains the legal framework governing some frequently used arguments for suspending employment contracts. Although the Arbitration Council has built a consistent jurisprudence on suspension cases triggered by serious economic difficulty or illness, doubts still remain with regards to certain obligations and the issue of inaptitude. This article, therefore, provides some comparative insights and speculates on future directions. Keywords: suspension; economic difficulty; illness.
Parliamentary Sovereignty: Theory, Practice and Beyond
(CamEd Business School, May 30, 2020) Virak Prum
As the world’s best known parliamentary system, Great Britain’s constitutional and legal structure has had to endure life as a compliant member of the greater European Union. As the UK is now set to leave the EU, this note aims to provide an insight into this theoretically odd EU-UK relationship. It begins with the concept of sovereignty as understood in the Continental Europe. It then highlights key points of the UK’s peculiar concept of parliamentary sovereignty. Perhaps Brexit could positively make the UK more seriously consider adopting a written constitution after all. Keywords: representation; sovereignty; constitution.
Reinforcing Labor Caselaw: Recent Decisions Concerning Union, Strike, FDC
(CamEd Business School, December 30, 2019) Virak Prum
This review on recent decisions reveals the will of the Arbitration Council in defending its precedents in three key areas of labor law, namely, the so-called most representative status of a trade union, the arbitrators’ order to strikers to return to work, and the issue concerning the length of fixed duration contracts. The Council never hesitates to refuse to consider interest-based claims if the union lacks that particular status; it is also quick to discontinue its proceedings should employees disobey its order to stop the strike. Concerning the fixed duration contracts, the well-known “two years and that’s it!” position has not changed. The quickest conclusion is that the Arbitration Council will not change its positions any time soon. Keywords: Interest, most representative, strike, caselaw, FDC.
Subordination in Employment Relationship
(CamEd Business School, December 30, 2016) Virak Prum
This article seeks to highlight the various meanings of subordination in the employer-employee relationship. It does so by looking at the moral, legal, and jurisprudential basis. The latest ruling handed down by the Arbitration Council seems to have followed a certain pattern that would likely become a reliable source for statutory interpretation. Placing the subordination matter in a comparative context, the article concludes that there is space for more theoretical applications. Keywords: Subordination; Theory; Jurisprudence.