Best Employment Rights Lawyers in Cambodia

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Husky and Partners Law Firm

Husky and Partners Law Firm

Phnom Penh, Cambodia

Founded in 2018
9 people in their team
Husky & Partners Law Firm is a full service professional advisory firm established by experienced lawyers who know well Cambodian emerging...
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About Employment Rights Law in Cambodia

Cambodia has developed its employment laws based on international standards and conventions to protect the rights of workers. These laws regulate various aspects of employment, such as minimum wage, maximum working hours, holidays, child labor, nondiscrimination, and rights to form and join trade unions. The key legislation that guides the rights and obligations of employees and employers in Cambodia is the Labor Law, enacted in 1997.

Why You May Need a Lawyer

Legal help may be necessary in numerous situations related to employment in Cambodia. You may need a lawyer to understand your rights as an employee, handle disputes around unfair dismissal, wage disputes, or workplace discrimination. Lawyers are also handy in handling contract-related disputes, negotiating severance packages, and ensuring that employers meet their legal obligations regarding worker safety and health.

Local Laws Overview

The Labor Law in Cambodia is the principal legislation relevant to employment. It is applicable to every industry, but some particulars might vary. The law covers topics like contracts, working hours, holidays, wage, occupational safety, and health, and trade unions. Some of its significant provisions include grounding employment on written contracts, limiting the normal working hours to 48 hours per week, and ensuring equal pay for equal work. The law also prohibits employment discrimination and child labor. Workers also have rights to form and join trade unions, and engage in legal strikes.

Frequently Asked Questions

What is the minimum wage in Cambodia?

The minimum wage, especially for the garment and footwear sector, is often a subject of annual review. For the latest updates, it's recommended to check the announcement by the Ministry of Labor and Vocational Training.

Are overtime payments mandatory?

Yes, the Labor Law requires employers to pay at least 150% of the employee's average wage for overtime work performed on normal working days.

Is there protection for maternity leave in Cambodia?

Absolutely. Pregnant employees are entitled to at least 90 days of maternity leave. Additionally, employers are not permitted to dismiss women during pregnancy or maternity leave.

Are there regulations about employer-employee disputes?

Yes. The Ministry of Labor and Vocational Training has a department set up to resolve labor disputes. Mediation is the primary method of resolving these disputes, and if it fails, arbitration can be pursued.

Can employees form or join a trade union?

Yes, employees in Cambodia have the rights to form and join trade unions. They can also engage in legal strikes according to the procedures and conditions stated in the law.

What are the guidelines for employment termination?

Under the Labor Law, employers are required to give notice or pay in lieu of notice while terminating contracts. In the event of unfair dismissal, the employee can file a complaint to the Labor Dispute Committee.

Are there any prohibitions against discrimination?

Cambodia’s labor law prohibits employers from discriminating against employees on grounds such as sex, color, race, religion, political opinion, birth, social origin, or union membership.

What are the working-hour limitations in Cambodia?

The Labor Law has set regular working hours to not exceed 8 hours per day or 48 hours per week.

What actions can be taken against child labor?

Child labor is strictly prohibited in Cambodia, and employing minors under the age of 15 is illegal. If found guilty of such a practice, the employer could face legal penalties.

What protections are there for health and safety in the workplace?

Employers are required to ensure the health and safety of their employees. The Labor Law places numerous obligations on employers such as providing safety training to employees and taking necessary precautions to prevent work-related accidents.

Additional Resources

For further information about employment rights in Cambodia, you may want to consult the latest version of the Labor Law, or guidelines issued by the Ministry of Labor and Vocational Training. Local labor offices, trade unions, and legal aid agencies could also be a great resource.

Next Steps

If you need legal assistance regarding your employment rights in Cambodia, consider consulting a local lawyer specializing in labor law. Preparing all relevant employment documents and providing detailed information about your situation will be greatly helpful in getting appropriate legal services.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.