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The labor law in Cambodia is primarily regulated by the Labor Law enacted in March 1997. This law stipulates the rights and obligations of both employers and employees, including matters of hiring and firing. According to the Labor law, a valid contract of employment should be in place, setting out terms and conditions of employment. Termination of workers is highly regulated, with both procedural requirements and restrictions on the reasons employers can use to justify termination. Collective labor disputes are settled by the Arbitration Council, while individual ones are addressed by the Labor Court.
While it is not mandatory to seek legal help in situations regarding hiring and firing, it can prove invaluable, helping prevent potential legal pitfalls. Lawyers can guide employers through a legally compliant hiring process and provide crucial advice during termination to ensure all actions undertaken are within the framework of the law, thereby avoiding penalties and wrongful termination suits. For employees, a lawyer can ensure contractual terms are fair, lawful, and provide representation in any abuses, whether during the hiring process or in case of unlawful termination.
Cambodian Labor law mandates that employers provide contracts to their employees detailing conditions of employment. Work hours are capped at 48 hours per week for regular employees, and overtime should be paid. The law also requires employers to provide specific leave allowances. In terms of firing, it must be for a valid reason related to the worker's capacity or behavior or based on operational requirements. If an employee believes they have been wrongfully terminated, they may file a complaint with the Labor Inspection within three months.
An employment contract should clearly mention job details, salary details, working hours, leave entitlements, termination notice period, and procedure, among others.
No, termination must be for a valid reason related to the worker's capacity or behavior, based on operational requirements.
The maximum amount of work hours per week in Cambodia is capped at 48 hours for regular employees.
A complaint with the Labor Inspectorate must be filed within three months of wrongful termination. If no solution is reached, the issue may then be taken to the Labor Court.
Yes, there are mandated leave allowances including annual, maternity, and sick leave among others.
Yes, the employer must provide a notice period which varies depending on the duration of employment.
Yes, justifiable reasons are restricted to capacity or behavior or based on operational requirements.
Any pay deductions must be as per the Labor Law and cannot be done without the worker's consent.
No, amendments to any contract terms should be mutually agreed upon by the worker and employer.
Employers must pay their employees for overtime and the rates are usually higher than regular working hours.
The Ministry of Labor and Vocational Training can be very helpful as they oversee all labor laws and regulations. The Arbitration Council Foundation is another body that can offer assistance in disputes.
If you find the need for legal assistance in hiring or firing in Cambodia, consider seeking the counsel of a reputable labor law attorney. An experienced lawyer can guide you through the legal procedures, providing you with valuable insights and representation during the whole process.
