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The Employer Law in Phnom Penh, Cambodia governs the rights, responsibilities, and protections related to employers and workforces. Cambodia's labour regulations are primarily outlined in the Labour Law of 1997 and various Prakas (Ministerial Orders). This body of law covers a broad range of areas including employment contracts, working conditions, health and safety standards, discrimination, and termination of employment.
Given the complexity and diverse nature of employment laws, both employers and employees may require legal advice at some point. Common situations can include drafting and reviewing employment contracts, disputes over wages or working conditions, allegations of workplace discrimination or harassment, and litigation following wrongful dismissal. A lawyer can provide guidance, negotiate on your behalf, and if necessary, represent your interests in court.
Regardless of the size or sector of their business, all employers in Phnom Penh are required to adhere to the Cambodian Labour Laws. Key features of these laws include mandatory registration of all employees with the Ministry Of Labor And Vocational Training, requirements of written contracts for fixed-duration employees and an obligation to safeguard employee welfare and working environment. Employers must also comply with regulations pertaining to wage payments, overtime, leaves, and employee dismissal.
Under Cambodian law, an employer can terminate an employee without cause. However, employers must provide advance notice and may have to provide severance pay depending on tenure.
Minimum wages in Cambodia are primarily applicable to the garment and footwear industry. For other sectors, employers must ensure that wages are sufficient to meet the basic needs of the employees.
Under Cambodian law, certain categories of employers must contribute to the national social security fund, which provides health and accident insurance benefits to employees.
Cambodian law provides protection against discrimination on the basis of race, color, sex, religion, political opinion, and social origin. Retaliation against employees who file discrimination complaints is also strictly prohibited.
The standard workweek in Cambodia is 48 hours, not including overtime. Employees are also entitled to at least one day off per week.
The Cambodia Chamber of Commerce and the Ministry of Labour and Vocational Training provide comprehensive information and resources on employer laws. For any labor disputes, the Arbitration Council offers free, fair, and transparent resolution services.
If you need legal support related to employer law, it is advisable to consult a Cambodian lawyer knowledgeable in labour laws. They can provide tailored advice, guide you through the legal process, and represent you in any negotiations or court proceedings.
